Initial Consenting Noteholder definition

Initial Consenting Noteholder s Pro-Rata Share” means with respect to each Initial Consenting Noteholder, (x) the principal amount of Secured Notes held by such Initial Consenting Noteholder as at the relevant date divided by (y) the aggregate principal amount of Secured Notes held by all of the Initial Consenting Noteholders collectively.
View Source
Initial Consenting Noteholder means each Noteholder that was a party to this Agreement on or prior to July 5, 2016.
View Source
Initial Consenting Noteholder means the Consenting Noteholders who executed this Agreement on the date first written on the first page of this Agreement.
View Source

Examples of Initial Consenting Noteholder in a sentence

  • The RSA shall not have terminated, and no event shall have occurred that, with the passage of time or giving of notice, would give rise to the right of the Required Consenting Noteholders to terminate the RSA; provided that the foregoing shall not apply to any automatic termination event arising out of Section 12.04(c) of the RSA with respect to any Consenting Noteholder that is not an Initial Consenting Noteholder (as defined in the RSA).

  • The Company shall be entitled to rely on written confirmation (which may include email) from the Initial Consenting Noteholder Advisors that the Super Majority Consenting Noteholders have agreed, waived, consented to, accepted or approved a particular matter pursuant to this Agreement without any obligation to inquire into the Initial Consenting Noteholder Advisors' authority to do so on behalf of the Super Majority Consenting Noteholders.

  • The Company hereby acknowledges and agrees that the termination of this Agreement and the obligations hereunder as a result of a Consenting Creditor Termination Event, and the delivery of any notice by the Majority Consenting Lenders, the Committee, a Consenting Noteholder or an Initial Consenting Noteholder, pursuant to any of the provisions of this Section 5.02 shall not violate the automatic stay imposed in connection with the Bankruptcy Cases.

  • Notwithstanding any of the foregoing, no material amendment to the Plan or the Recapitalization Transaction that is inconsistent with the Term Sheet shall be made without the consent of each Initial Consenting Noteholder (as such term is defined in the Term Sheet).

  • Notwithstanding anything herein to the contrary, nothing herein shall require any Initial Consenting Noteholder or Initial Consenting First Lien Lender to provide any information that it determines, in its sole discretion, to be sensitive or confidential.

  • The Company shall be entitled to rely on written confirmation (which may include email) from the Initial Consenting Noteholder Advisors that the Initial Consenting Noteholders have agreed, waived, consented to, accepted or approved a particular matter pursuant to this Agreement without any obligation to inquire into the Initial Consenting Noteholder Advisors’ authority to do so on behalf of the Initial Consenting Noteholders.

  • Any such termination of the Agreement as to all Parties shall be effective upon the giving of written notice by the Initial Consenting Noteholder in accordance with Section 16(q).

  • Any term of this Agreement may be amended or waived only with the written consent of the Company and Holders representing at least 80% of the Exercisable Shares; provided that any additional holder may be added as a party to this Agreement by execution of a joinder substantially in the form of Exhibit B hereto if such holder has become an Initial Consenting Noteholder under the RSA in compliance with Section 10 of the RSA after the date of this Agreement.

  • This Agreement and the obligations hereunder may be terminated by mutual written consent to terminate this Agreement among: (i) the Company, (ii) the Majority Consenting Lenders, (iii) the Committee, and (iv) each Initial Consenting Noteholder.

  • No event that gives rise to an Expiry Date may be waived, except in a writing signed by Noteholders holding at least 75% of the aggregate principal amount of Notes held by all Noteholders that have signed a support agreement in connection with the Recapitalization, and including each Initial Consenting Noteholder.


More Definitions of Initial Consenting Noteholder

Initial Consenting Noteholder means the Noteholders listed in Schedule 2 (Initial Consenting Noteholders) to the Noteholder RSA and who are named on the signature pages to the Noteholder ESA as Initial Consenting Noteholders and who have executed the Noteholder RSA.
View Source

Related to Initial Consenting Noteholder

  • Required Consenting Noteholders means, as of the relevant date, Consenting Noteholders holding at least 50.01% of the aggregate outstanding principal amount of Senior Notes that are held by Consenting Noteholders at the relevant time.

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

  • Non-Controlling Note Holder Representative shall have the meaning assigned to such term in Section 6(c).

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

  • Majority in Interest of Note Holders Make-Whole Amount" or "Note Holder," or the percentage of Note Holders required to take or approve any action hereunder, (ii) reduce the amount, or change the time of payment or method of calculation of any amount, of Original Amount, Make-Whole Amount, if any, or interest with respect to any Equipment Note, or alter or modify the provisions of Article III hereof with respect to the order of priorities in which distribution thereunder shall be made as among the Note Holders, the Owner Trustee and Lessee, (iii) reduce, modify or amend any indemnities in favor of the Owner Trustee, the Mortgagee or the Note Holders (except that the Owner Trustee (in its individual capacity) or the Mortgagee, as the case may be, may consent to any waiver or reduction of an indemnity payable to it) or the other Indenture Indemnitees, (iv) consent to any change in the Trust Indenture or the Lease which would permit redemption of Equipment Notes earlier than permitted under Section 2.10 or 2.11 hereof or the purchase or exchange of the Equipment Notes other than as permitted by Section 2.13 hereof, (v) except as contemplated by the Lease or the Participation Agreement, reduce the amount or extend the time of payment of Basic Rent, Stipulated Loss Value, or Termination Value for the Aircraft in each case as set forth in the Lease, or modify, amend or supplement the Lease or consent to any assignment of the Lease, in either case releasing Lessee from its obligations in respect of the payment of Basic Rent, Stipulated Loss Value or Termination Value for the Aircraft or altering the absolute and unconditional character of the obligations of Lessee to pay Rent as set forth in Sections 3 and 16 of the Lease or (vi) permit the creation of any Lien on the Trust Indenture Estate or any part thereof other than Permitted Liens or deprive any Note Holder of the benefit of the Lien of this Trust Indenture on the Trust Indenture Estate, except as provided in connection with the exercise of remedies under Article IV hereof.