Qualifying Noteholder definition

Qualifying Noteholder means, any person which is:

Qualifying Noteholder means a Noteholder at the Record Date that (a) if the Noteholder is resident in the United States, such Noteholder is a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act, or (b) in the case of a Noteholder resident in a province or territory of Canada, is an “accredited investor” as such term is defined in National Instrument 45-106 Prospectus and Registration Exemptions of the Canadian Securities Administrators, or (c) in the case of a Noteholder resident outside of Canada and the United States can demonstrate to Ainsworth that it is qualified to subscribe for New Notes in accordance with applicable laws.

Qualifying Noteholder means any Noteholder holding Notes with a principal amount of £6,004,803.84 million or greater.

Examples of Qualifying Noteholder in a sentence

• A Qualifying Noteholder may only issue a Tranche 1 Extension Notice once and any such Tranche 1 Extension Option must be used in respect of all Tranche 1 Notes held by such Qualifying Noteholder.

• From the date of such Tranche 1 Extension Notice, other than amounts accrued prior to delivery of the Tranche 1 Extension Notice, no additional interest shall be payable on the Tranche 1 Notes held by the exercising Qualifying Noteholder (other than any interest which becomes payable at the Tranche 1 Default Rate).

• A Qualifying Noteholder may only issue a Tranche 3 Extension Notice once and any such Tranche 3 Extension Option must be used in respect of all Tranche 3 Notes held by such Qualifying Noteholder.

• A Qualifying Noteholder may only issue a Tranche 2 Extension Notice once and any such Tranche 2 Extension Option must be used in respect of all Tranche 2 Notes held by such Qualifying Noteholder.

• If the Tranche 3 Extension Option is accepted, the Company shall, within 5 Business Days’ of the exercise of the Tranche 3 Extension Option, issue to such Qualifying Noteholder a replacement Tranche 3 Note Certificate bearing the revised Tranche 3 Maturity Date.

More Definitions of Qualifying Noteholder

Qualifying Noteholder means a Noteholder which is beneficially entitled to interest payable to that Noteholder and which is:

Qualifying Noteholder means a person that is the beneficial owner of Notes and that is, by virtue of the law of a relevant territory, resident for the purposes of tax in the relevant territory and that will not receive any payment pursuant to this Agreement, the Issuing and Paying Agency Agreement, the Notes or the Guarantee in connection with a trade or business which is carried on by such person through a branch or agency in Ireland. For these purposes, a Relevant Territory means a Member State of the European Union (other than Ireland) or a country with which Ireland has entered into a double tax treaty at the time a relevant payment is made.

Qualifying Noteholder means a Noteholder who validly via an electronic voting instruction transmitted to the relevant clearing system voted in favour of the Extraordinary Resolution set out in a notice of meeting relating to the Notes dated 25 November 2009;

Qualifying Noteholder means a Secured Noteholder as of the Filing Date that: (a) in the case of a Secured Noteholder resident in the United States, is a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act; (b) in the case of a Secured Noteholder resident in a province or territory of Canada, is an “accredited investor” as such term is defined in the National Instrument 45-106 Prospectus and Registration Exemptions (“NI 45-106”); or (c) in the case of a Secured Noteholder resident outside of Canada or the United States, would qualify as an “accredited investor” as such term is defined in NI-45-106 as if such Secured Noteholder was resident in Canada and can demonstrate to SkyLink Aviation that it is qualified to participate as a lender in the DIP Facility in accordance with the laws of its jurisdiction of residence.

Qualifying Noteholder means (a) each Noteholder party to this Agreement and any of its Affiliates and (b) any other Noteholder that (i) is an Institutional Investor (or a controlled Affiliate of an Institutional Investor) or (ii) holds (together with its Affiliates) at least 2.5% of the unpaid principal amount of the Notes at the time outstanding.

Qualifying Noteholder means a Noteholder who validly via an electronic voting instruction transmitted to the relevant clearing system (i) voted in favour of the Extraordinary Resolution set out in a notice of meeting relating to the Notes dated 10 November 2014 and (ii) elected to receive the relevant Partial Redemption Amount together with Accrued Interest;

Qualifying Noteholder means a Noteholder who validly (a) via an electronic voting instruction transmitted (and not validly revoked) to the relevant clearing system on or prior to 5:00 p.m. (London time) on 1 December 2014, or (b) by attending and voting at the meeting of Noteholders held on 4 December 2014 in person, in each case (i) voted in favour of the Extraordinary Resolution set out in a notice of meeting relating to the Notes dated 19 November 2014 and (ii) elected to receive the Partial Redemption Amount together with Accrued Interest;