Settling Noteholders definition

Settling Noteholders means (i) GE Ventures LLC, (ii) RRE Ventures IV, L.P., (iii) RRE Leaders Fund, L.P., (iv) KPCB Holdings, Inc., as nominee for KPCB Digital Growth Fund, LLC and KPCB DGF Founders Fund, LLC, (v) Norwest Venture Partners XI, LP, (vi) The Marks Family Trust and (vii) AH Parallel Fund III, L.P. (for itself and as nominee for AH Parallel Fund III-A, L.P., AH Parallel Fund III-B, L.P., and AH Parallel Fund III-Q, L.P.), and(viii) each of their respective representatives, including, without limitation, their respective observers on the Debtors’ Board of Directors to the extent that such observer was an officer or employee of the entities identified in clauses (i)-(viii) of this definition (each an “Observer”) and designees on the Debtors’ Board of Directors (each a “Designee”), and any representative of an Observer or Designee, and each of their respective current and former members (including ex officio members), officers, director, principals, managers, employees, partners, attorneys, financial advisors, accountants, investment bankers, investment advisors, professionals, consultants, agents, affiliates, and representatives (in each case in his, her, or its capacity as such).
Sample 1Sample 2Sample 3
Settling Noteholders means (i) GE Ventures LLC, (ii) RRE Ventures IV, L.P., (iii) RRE Leaders Fund, L.P., (iv) KPCB Holdings, Inc., as nominee for KPCB Digital Growth Fund, LLC and KPCB DGF Founders Fund, LLC, (v) Norwest Venture Partners XI, LP, (vi) The Marks Family Trust and (vii) AH Parallel Fund III, L.P. (for itself and as nominee for AH Parallel Fund III-A, L.P., AH Parallel Fund III-B, L.P., and AH Parallel Fund III-Q, L.P.), and their directors and officers existing on or after the Petition Date and each of their respective(viii)
Sample 1
Settling Noteholders means GE Ventures LLC, RRE Ventures IV, L.P., RRE Leaders Fund, L.P., KPCB Holdings, Inc., Norwest Venture Partners XI, LP, The Marks Family Trust and AH Parallel Fund III, L.P. (for itself and as nominee for AH Parallel Fund III-A, L.P., AH Parallel Fund III-B, L.P., and AH Parallel Fund III-Q, L.P.), and their directors and officers existing on or after the Petition Date and each of their respective members (including ex officio members), officers, director, principals, managers, employees, partners, attorneys, financial advisors, accountants, investment bankers, investment advisors, professionals, consultants, agents, affiliates, and representatives (in each case in his, her, or its capacity as such) as of or after the Petition Date.
Sample 1

Examples of Settling Noteholders in a sentence

  • Holders of Class 5 Claims of Settling Noteholders are therefore conclusively presumed to accept the Plan and, therefore, are not entitled to vote on the Plan.

  • As of the Effective Date, the Settling Noteholders shall receive the benefit of the releases contained in Article IX of this Plan in consideration of their agreement to waive any right to payment or Distribution on account of the Subordinated Convertible Notes.

  • Class 2 Claims (Other Secured Claims), Class 3 Claims (Priority Non-Tax Claims), and Class 5 Claims (Claims of Settling Noteholders) are unimpaired and are conclusively presumed to have accepted the Plan under section 1126(f) of the Bankruptcy Code.

Related to Settling Noteholders

  • Consenting Noteholders has the meaning set forth in the preamble to this Agreement.

  • Instituting Noteholders has the meaning set forth in Section 7.6(a) of the Indenture.

  • Requesting Noteholders shall have the meaning ascribed thereto in Section 12.01 of the Indenture.

  • Senior Noteholders means the holders of the Senior Notes.

  • Controlling Noteholder means as of any date of determination the holder or holders of a majority of the Lead Securitization Note. At any time the Lead Securitization Note is the Controlling Noteholder and is included in the Lead Securitization, references to the “Controlling Noteholder” herein shall mean the holders of the majority of the class of securities issued in the Lead Securitization designated as the “controlling class” (or such lesser amount as permitted under the terms of the Servicing Agreement) or such other class(es) otherwise assigned the rights to exercise the rights of the “Controlling Noteholder” hereunder, as and to the extent provided in the Servicing Agreement.

  • Second Lien Noteholders means the holders of Second Lien Notes.

  • A-2 Noteholders means the holders of record of the A-2 Notes.

  • Controlling Noteholder Representative shall have the meaning assigned to such term in Section 6(a).

  • Non-Lead Securitization Noteholder Representative shall have the meaning assigned to such term in the definition of “Non-Lead Securitization Noteholder”.

  • Requisite Noteholders Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Controlling Class.

  • Required Noteholders means Holders of Outstanding Notes evidencing more than 66 2/3% of the principal balance of the most senior Class of Notes Outstanding.

  • Lead Securitization Noteholder means the holder of the Lead Securitization Note.

  • Class D Noteholders means the holders of any Class D Notes from time to time.

  • Class E Noteholder means the Person in whose name a Class E Note is registered on the Note Register.

  • Class A Noteholders means, collectively, the Class A-1 Noteholders, the Class A-2 Noteholders, the Class A-3 Noteholders and the Class A-4 Noteholders.

  • Majority Noteholders means the Holders of a majority by principal amount of the most senior then outstanding class of Notes.

  • Class A-1 Noteholders Interest Carryover Shortfall” means, with respect to any Payment Date, the excess of the Class A-1 Noteholders’ Monthly Accrued Interest for the preceding Payment Date and any outstanding Class A-1 Noteholders’ Interest Carryover Shortfall on such preceding Payment Date, over the amount in respect of interest that is actually paid to Holders of Class A-1 Notes on such preceding Payment Date, plus interest on the amount of interest due but not paid to Holders of Class A-1 Notes on the preceding Payment Date, to the extent permitted by law, at the Class A-1 Interest Rate for the related Interest Period.

  • Non-Lead Securitization Noteholder herein shall mean the Non-Lead Securitization Subordinate Class Representative under the related Non-Lead Securitization Servicing Agreement, as and to the extent provided in the related Non-Lead Securitization Servicing Agreement and as to the identity of which the Lead Securitization Noteholder (and the Master Servicer and the Special Servicer) has been given written notice. The Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall not be required at any time to deal with more than one party exercising the rights of a “Non-Lead Securitization Noteholder” herein or under the Servicing Agreement and, to the extent that the related Non-Lead Securitization Servicing Agreement assigns such rights to more than one party, for purposes of this Agreement, the Non-Lead Securitization Servicing Agreement shall designate one party to deal with the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) and provide written notice of such designation to the Lead Securitization Noteholder (and the Master Servicer and the Special Servicer acting on its behalf) (such party, the “Non-Lead Securitization Noteholder Representative”); provided that, in the absence of such designation and notice, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be entitled to treat the last party as to which it has received written notice as having been designated as the Non-Lead Securitization Noteholder Representative with respect to such Non-Controlling Note for all purposes of this Agreement. Prior to Securitization of any Non-Lead Securitization Note by the Non-Lead Securitization Noteholder (including any New Notes), all notices, reports, information or other deliverables required to be delivered to such Non-Lead Securitization Noteholder pursuant to this Agreement or the Servicing Agreement by the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) only need to be delivered to each Non-Lead Securitization Noteholder Representative and, when so delivered to each Non-Lead Securitization Noteholder Representative, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be deemed to have satisfied its delivery obligations with respect to such items hereunder or under the Servicing Agreement. Following Securitization of any Non-Lead Securitization Notes by the Non-Lead Securitization Noteholder, all notices, reports, information or other deliverables required to be delivered to such Non-Lead Securitization Noteholder pursuant to this Agreement or the Servicing Agreement by the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be delivered to the related Non-Lead Master Servicer and the related Non-Lead Special Servicer (who then may forward such items to the party entitled to receive such items as and to the extent provided in the related Non-Lead Securitization Servicing Agreement) and, when so delivered to the related Non-Lead Master Servicer and the related Non-Lead Special Servicer, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be deemed to have satisfied its delivery obligations with respect to such items hereunder or under the Servicing Agreement.

  • Majority in Interest of Noteholders means, as of a particular date of determination and subject to Section 2.16 of the Indenture, the holders of at least a majority in aggregate unpaid principal amount of all Equipment Notes outstanding as of such date (excluding any Equipment Notes held by the Company or any Affiliate thereof, it being understood that a Pass Through Trustee shall be considered an Affiliate of the Company as long as more than 50% in the aggregate face amount of Pass Through Certificates issued by the corresponding Pass Through Trust are held by the Company or an Affiliate of the Company or a Pass Through Trustee is otherwise under the control of the Company or such Affiliate of the Company (unless all Equipment Notes then outstanding are held by the Company or any Affiliate thereof, including the Pass Through Trustees which are considered Affiliates of the Company pursuant hereto)); provided that for the purposes of directing any action or casting any vote or giving any consent, waiver or instruction hereunder, any Noteholder of an Equipment Note or Equipment Notes may allocate, in such Noteholder’s sole discretion, any fractional portion of the principal amount of such Equipment Note or Equipment Notes in favor of or in opposition to any such action, vote, consent, waiver or instruction.

  • Lead Securitization Subordinate Class Representative means the “Controlling Class Representative” as defined in the Lead Securitization Servicing Agreement or such other analogous term used in the Lead Securitization Servicing Agreement.

  • Noteholders means the holders of the Notes.

  • Senior Noteholder means the Holder of any Senior Note.

  • Class A-2 Noteholders means the Class A-2a Noteholders and the Class A-2b Noteholders.

  • Required Consenting Noteholders means, as of the relevant date, the Consenting Noteholders then holding greater than fifty and one-tenth percent (50.1%) of the aggregate outstanding principal amount of Senior Notes Claims that are held by all Consenting Noteholders subject to the Restructuring Supporting Agreement as of such date.

  • Non-Lead Securitization Subordinate Class Representative means the holders of the majority of the class of securities issued in a Non-Lead Securitization designated as the “controlling class” pursuant to the related Non-Lead Securitization Servicing Agreement or their duly appointed representative; provided that if 50% or more of the class of securities issued in any Non-Lead Securitization designated as the “controlling class” or such other class(es) otherwise assigned the rights to exercise the rights of the “Controlling Noteholder” is held by the Mortgage Loan Borrower or an Affiliate of the Mortgage Loan Borrower, no person shall be entitled to exercise the rights of the related Non-Lead Securitization Subordinate Class Representative.

  • Non-Controlling Noteholder means each Noteholder other than the Controlling Noteholder; provided that, if at any time a Non-Controlling Note (or, at any time a Non-Lead Securitization Note is included in a Securitization, the Non-Lead Securitization Subordinate Class Representative) is held by the Mortgage Loan Borrower or a Mortgage Loan Borrower Related Party, no Person shall be entitled to exercise the rights of such Non-Controlling Noteholder with respect to such Non-Controlling Note.