Secured Creditor Exemption definition

Secured Creditor Exemption has the meaning provided to such term in 42 U.S.C. § 9601(20)(A), 42 U.S.C. § 6991b(h)(9), and Cal. Health & Safety Code § 25548, et seq.
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Secured Creditor Exemption has the meaning set forth in Section 5.03(o).
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Secured Creditor Exemption has the meaning set forth in Section 5.03(o). “Securities Act” means the Securities Act of 1933, as amended, and the rules and regulations thereunder. “Senior Officer” means an employee of HEOP with the title of senior vice president or higher. “Shareholders” means each director and the chief executive officer, chief financial officer, chief credit officer, chief information officer and chief bank counsel of HEOP. “Shareholder Agreements” has the meaning set forth in the recitals to this Agreement. “Subsidiary” has the meaning ascribed to that term in Rule l-02 of Regulation S-X of the SEC. “Superior Proposal” has the meaning set forth in Section 6.07(a). “Surviving Corporation” has the meaning set forth in Section 2.01(a). “Tangible Common Equity” means HEOP’s total shareholders’ equity (i) excluding intangible assets, (ii) excluding accumulated other comprehensive income or loss, and (iii) adding back any Merger Related Expenses incurred by HEOP prior to the Closing Date on a tax- adjusted basis (to the extent there was a tax benefit recorded by HEOP as a result of the incurrence of such expense) based on HEOP’s marginal tax rate; provided that “total
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Examples of Secured Creditor Exemption in a sentence

  • As the first federal court of appeals to interpret the Secured Creditor Exemption, the Fleet Factors II court explained that, because of the "over- whelmingly remedial" goal of CERCLA, the exemption should be construed to favor liability.

  • Some ambiguity surrounds this point because of the Lender Liability Rule's introductory comment that "[t]he plaintiff bears the burden of establishing that the defendant is an owner or operator," 40 C.F.R. § 300.1100, and the fact that the Secured Creditor Exemption is an exception to the definition of the term "owner or operator," see 42 U.S.C. § 9601(20)(A).

  • Fleet bases its Motion for Summary Judgment on the Secured Creditor Exemption, although the Government denies that the exemption applies.

  • On August 10, 2001, GEPD found that AmSouth qualified for the Secured Creditor Exemption based on information provided by Hollene Darby of Faison.

  • All, or substantially all, of the operational [FN27] (as opposed to financial or administrative) [FN28] aspects of the enterprise other than environmental compliance.sure that the rule's provisions are interpreted to achieve Congress' intent that the Secured Creditor Exemption pro- tect secured *1090 creditors involved in the normal course of their business.

  • Fleet bears the burden of showing it is covered by the Secured Creditor Exemption.

  • Given this, Fleet's second Motion for Summary Judgment stands on tenuous ground because the El- eventh Circuit already has ruled that Fleet falls outside the Secured Creditor Exemption.

  • Fleet's first Motion for Summary Judgment, like its motion now under consideration, pointed to the Secured Creditor Exemption as protecting it from any liability as a § 9607(a) owner or operator.‌ FN9.

  • The Panel issued its Report and Recommendation on June 10, 2013- less than 4 months after receiving the request.

  • The chart below illustrates the utilization of our BTC loans on platform over time.


More Definitions of Secured Creditor Exemption

Secured Creditor Exemption has the meaning set forth in Section 5.03(o). “Securities Act” means the Securities Act of 1933, as amended, and the rules and regulations thereunder. “Senior Officer” means an employee of Plaza or Plaza Bank with the title of senior vice president or higher. “Shareholders” means each director and the Chief Executive Officer, President and Chief Financial Officer of Plaza and Plaza Bank. “Shareholder Approval” has the meaning set forth in Section 5.03(z)(i). “Shareholder Agreements” has the meaning set forth in the recitals to this Agreement. “Subordinated Notes” means the 7.125% subordinated notes due 2025 in the aggregate principal amount of $25.0 million issued by Plaza pursuant to the Subordinated Note Purchase Agreement dated January 14, 2015.
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Related to Secured Creditor Exemption

  • Secured Creditor means the Trustee, the Margin Loan Provider and the holders of the ETP Securities.

  • Secured Credit Document means (i) the Credit Agreement and each Loan Document (as defined in the Credit Agreement), (ii) each Initial Additional First-Lien Document, and (iii) each Additional First-Lien Document for Additional First-Lien Obligations incurred after the date hereof.

  • Secured Creditors shall have the meaning assigned that term in the respective Security Documents.

  • Required Secured Creditors means (i) at any time when any Credit Document Obligations are outstanding or any Commitments under the Credit Agreement exist, the Required Lenders (or, to the extent provided in Section 13.12 of the Credit Agreement, each of the Lenders) and (ii) at any time after all of the Credit Document Obligations have been paid in full and all Commitments under the Credit Agreement have been terminated and no further Commitments may be provided thereunder, the holders of a majority of the Other Obligations.

  • Unsecured Creditor means the holder of an Unsecured Claim.

  • Secured Parties means, collectively, the Administrative Agent, the Collateral Agent, the Lenders, the Hedge Banks, the Cash Management Banks, the Supplemental Administrative Agent and each co-agent or sub-agent appointed by the Administrative Agent from time to time pursuant to Section 9.01(c).

  • Second Lien Agent means the administrative agent and collateral agent under the Second Lien Term Loan Agreement, its successors, assigns, or any replacement agent appointed pursuant to the terms of the Second Lien Term Loan Agreement.

  • Intercreditor Agent has the meaning given to such term in the Intercreditor Agreement.

  • Exercise Any Secured Creditor Remedies or “Exercise of Secured Creditor Remedies” shall mean, except as otherwise provided in the final sentence of this definition:

  • Unsecured Creditors means all Creditors with Concurrent Claims against the Company;

  • ABL Secured Parties means “Secured Parties” as defined in the ABL Credit Agreement.

  • Second Priority Secured Parties means the Second Priority Representative, the Second Priority Creditors and any other holders of the Second Priority Obligations.

  • Priority Lien Secured Parties means the holders of Priority Lien Obligations, each Priority Lien Representative and the Collateral Trustee.

  • DIP Agent means the administrative agent for the DIP Lenders as defined in the DIP Credit Agreement.

  • First Lien Agent has the meaning given to such term in the Intercreditor Agreement.

  • First Priority Secured Parties means the First Priority Representative, the First Priority Creditors and any other holders of the First Priority Obligations.

  • Issuer Secured Parties means the Trustee in respect of the Trustee Issuer Secured Obligations.

  • Second Priority Documents means each Second Priority Agreement, each Second Priority Security Document and each Second Priority Guarantee.

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Second Lien Secured Parties means the Indenture Second Lien Secured Parties and the Additional Second Lien Secured Parties.

  • Secured Party as used in this Annex means only Party B, (b) the term “Pledgor” as used in this Annex means only Party A, (c) only Party A makes the pledge and grant in Paragraph 2, the acknowledgement in the final sentence of Paragraph 8(a) and the representations in Paragraph 9.

  • Guaranteed Creditors means and include each of the Agent, the Collateral Agent, the Banks and each party (other than any Credit Party) party to an Interest Rate Protection Agreement or Other Hedging Agreement to the extent such party constitutes a Secured Creditor under the Security Documents.

  • Priority Lien Security Documents means the Priority Credit Agreement (insofar as the same grants a Lien on the Collateral), each agreement listed in Part A of Exhibit B hereto, and any other security agreements, pledge agreements, collateral assignments, mortgages, deeds of trust, control agreements, or grants or transfers for security, now existing or entered into after the date hereof, executed and delivered by the Borrower or any other Grantor creating (or purporting to create) a Lien upon Collateral in favor of the Priority Lien Agent (including any such agreements, assignments, mortgages, deeds of trust and other documents or instruments associated with any Priority Substitute Credit Facility).

  • Senior Agent means the Person acting as agent from time to time for and on behalf of the Senior Lenders under the Credit Facility, together with its successors and assigns in such capacity.

  • First Lien Secured Parties means (i) the Credit Agreement Secured Parties and (ii) the Additional First-Lien Secured Parties with respect to each Series of Additional First-Lien Obligations.

  • Other Priority Claim means any Claim other than an Administrative Claim or a Priority Tax Claim entitled to priority in right of payment under section 507(a) of the Bankruptcy Code.