Significant Noteholder definition

Significant Noteholder means each Noteholder that, absent its Substitution but after giving effect to any other Substitutions, would be entitled to receive such number of New Common Shares representing 25% or more of the New Common Shares that will be issued and outstanding on the date following the Completion Date.
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Significant Noteholder or "Significant Holder" means both (i) each ---------------------- ---- ------------------ Person who held a Note as of the Closing Date and (ii) any other Noteholder who, as of the date of determination, holds a Note or Notes with an aggregate unpaid principal balance of at least seven and one-half percent (7.5%) of the then- Outstanding aggregate Note Balance; "66 2/3% of the Voting Rights" means for so long as any Class A Notes ---------------------------- are outstanding, Holders of the Class A Notes having more than 66 2/3% of the Voting Rights of the Class A Noteholders; and thereafter, Holders of Class B Notes having more than more than 66 2/3% of the Voting Rights of the Class B Noteholders;
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Significant Noteholder is defined in SECTION 6.1.6.
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Examples of Significant Noteholder in a sentence

  • The New Notes and Guarantees have been duly authorized and, when executed by the Issuers and authenticated by the New Notes Trustee in accordance with the terms of the Indenture and delivered to and acquired by the Significant Noteholder in accordance with the terms of this Agreement, will constitute the valid and legally binding obligations of the Obligors entitled to the benefits provided by the New Indenture and the Collateral Documents.

  • The execution and delivery of, and the performance by the Significant Noteholder of its obligations under, this Agreement, will not result in the creation of any Lien upon the Exchanged Notes held by the Significant Noteholder other than Holder Permitted Liens.

  • All consents, approvals, orders and authorizations required on the part of the Significant Noteholder in connection with the execution, delivery or performance of this Agreement and the consummation of the transactions contemplated herein have been obtained and will be effective as of the Closing Date, except as would not reasonably be expected to have a material adverse effect on the ability of the Significant Noteholder to perform its obligations hereunder.

  • Issuer shall deliver to the Trustee, the ----------------- Significant Noteholders and the Bank such other information or data respecting the condition or operations, financial or otherwise, of Issuer as the Trustee, or any Significant Noteholder may from time to time reasonably request.

  • In connection with the Private Exchange, the Significant Noteholder will receive a structuring premium of 0.75% of the aggregate principal amount of the Unsecured Notes the Significant Noteholder exchanges for New Notes.

  • The Issuers, Holdings, Intermediate Holdings, the Subsidiary Guarantors and the Significant Noteholder are executing and delivering this Agreement in reliance upon the exemption from securities registration afforded by Section 4(a)(2) of the Securities Act of 1933, as amended (the “Securities Act”).

  • Additionally, the Significant Noteholder agreed that it would not object to, delay, impede, or take any other action to interfere with acceptance, implementation, or consummation of a contemplated exchange offer for a portion of the remaining Unsecured Notes on similar terms.

  • The Significant Noteholder understands that no U.S. federal or state agency or any other government or governmental agency has passed on or made any recommendation or endorsement of the New Notes or the fairness or suitability of the investment in the New Notes nor have such authorities passed upon or endorsed the merits of the offering of the New Notes.

  • The Significant Noteholder is (together with any applicable affiliates and related investments entities) the sole beneficial owner of the Exchanged Notes.

  • For the avoidance of doubt, the Significant Noteholder expressly retains and does not waive any and all rights as holder of the Existing Notes in the event of a default under the Existing Indentures prior to the Closing Date.


More Definitions of Significant Noteholder

Significant Noteholder shall have the meaning set forth in Section 2.11.
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Related to Significant Noteholder

  • 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.

  • 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.

  • Non-Lead Noteholder means any Noteholder other than the Lead Securitization Noteholder.

  • Senior Noteholder means the Holder of any Senior Note.

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

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

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

  • 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.

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

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

  • Lead Note Holder means the Holder of the Lead Note.

  • Class A-1 Noteholder means the Person in whose name a Class A-1 Note is registered on the Note Register.

  • Controlling Note Holder herein shall mean the holders of the majority of the class of securities issued in such Securitization designated as the “controlling class” or any other party that is assigned the rights to exercise the rights of the “Controlling Note Holder” hereunder, as and to the extent provided in the related Securitization Servicing Agreement; provided that for so long as 50% or more of the Controlling Note is held by (or the party assigned the rights to exercise the rights of the “Controlling Note Holder” (as described above) is) the Mortgage Loan Borrower or an Affiliate of the Mortgage Loan Borrower, the Controlling Note (and such party assigned the rights to exercise the rights of the “Controlling Note Holder” as described above) shall not be entitled to exercise any rights of the Controlling Note Holder, and there shall be deemed to be no Controlling Note Holder hereunder. If the Controlling Note is included in a Securitization, the related Securitization Servicing Agreement may contain additional limitations on the rights of the designated party entitled to exercise the rights of the “Controlling Note Holder” hereunder if such designated party is the Mortgage Loan Borrower or if it has certain relationships with the Mortgage Loan Borrower.

  • Note B Holder means with regards to any B Note, the Initial Note Holder or any subsequent holder of such B Note, as applicable.

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

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

  • Serviced Pari Passu Companion Loan Holder A holder of a Serviced Pari Passu Companion Loan.

  • Serviced Companion Loan Holder The holder of a Serviced Companion Loan.

  • Companion Loan Holder The holder of a Companion Loan.

  • 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.

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

  • Class A-2a Noteholder means the Person in whose name a Class A-2a Note is registered in the Note Register.

  • Initial Noteholder means (i) with respect to Note A-1, the Initial Note A-1 Holder and (ii) with respect to Note A-2, the Initial Note A-2 Holder.

  • Junior Certificateholder The Holder of not less than 95% of the Percentage Interests of the Junior Class of Certificates.

  • Registered Noteholder means the Person in whose name a Note is registered on the Note Register on the applicable Record Date.

  • Senior Noteholders means the holders of the Senior Notes.