Defaulting Holder definition

Defaulting Holder shall have the meaning given to such term in Section 12.4 of the Participation Agreement.

Defaulting Holder has the meaning specified in Section 3.02(c).

Defaulting Holder has the meaning set forth in Section 11.1.

Examples of Defaulting Holder in a sentence

• The Defaulting Holder shall, upon receipt of the foregoing, pay the aggregate purchase price for the Drag Default Shares and the amount of reimbursable fees and expenses, in cash by wire transfer of immediately available funds or by other means acceptable to the Drag-Along Holders.

• Dividends shall be payable in cash to extent of available cash from earnings after payment of current liabilities and such reserves as the Board of Directors may establish in its sole discretion; provided, however, that cash dividends payable to a Defaulting Holder shall be retained by the Corporation until such time, if ever, that such holder ceases to be a Defaulting Holder.

• The Defaulting Holder shall reimburse each Drag-Along Holder for any and all reasonable fees and expense, including legal fees and expenses, incurred pursuant to the exercise or the attempted exercise of its rights under this Article 8.15(D).

• Investment earnings received during each Collection Period in respect of such investment in the Defaulting Holder’s Holder Subaccount will be paid directly to the Defaulting Holder on the Payment Date following the last day of the Draw Period, as instructed by the Collateral Manager.

• Notwithstanding the foregoing, the failure by a Defaulting Holder to deliver any certificate, document or instrument to the Corporation in accordance with this Section A(2)(d) shall not in any way affect or delay the redemption of the shares of Special Voting Preferred Stock to be redeemed by the Corporation on the Redemption Date.

More Definitions of Defaulting Holder

Defaulting Holder means any holder of Series A Preferred Stock that has been deemed to be, and continues to be, a defaulting holder under section 1(c) of such holder’s Subscription Agreement.

Defaulting Holder. A Class A-1R Noteholder that has at any time failed to discharge its obligations with respect to funding Borrowings when and as required hereunder (other than failures so to fund (a) solely as a result of a bona fide dispute as to whether the conditions to borrowing were satisfied on the relevant Class A-1R Borrowing Date, but only for such time as such Class A-1R Noteholder is continuing to engage in good faith discussions regarding the determination or resolution of such dispute or (b) solely as a result of a failure to so fund due to an administrative error or omission by such Class A-1R Noteholder, unless such failure continues for five Business Days after such Class A-1R Noteholder receives written notice or has actual knowledge of such administrative error or omission).

Defaulting Holder has the meaning provided in the Class A-2 Purchase Agreement.

Defaulting Holder. The meaning specified in the Class A-R Purchase Agreement.

Defaulting Holder means a Class A-1R Noteholder or Committed Liquidity Provider who fails to fund any portion of a Class A-1R Advance as required under the Class A-1R Note Purchase Agreement.

Defaulting Holder has the meaning ascribed to it in Section 3(d). “Disclosure Documents” has the meaning ascribed to it in Section 17(z). “Distribution Waterfall” has the meaning ascribed to it in Section 8.

Defaulting Holder means (i) any Management Restricted Limited Partner or Class B Common Limited Partner who is an employee of, or provides substantial services to, the General Partner, the Partnership or any entity that provides substantial services to the General Partner or the Partnership and such Person (A) has engaged in gross negligence or willful misconduct in the performance of the duties required of it or him, (B) has been convicted with respect to a felony offense involving moral turpitude, (C) has materially breached any policy or code of conduct established by the General Partner or the Partnership of which such Person is aware or should have been aware, or (D) has willfully engaged in conduct that such Person knows or should know is materially injurious to the Partnership; or (ii) any Series A Preferred Limited Partner, Management Restricted Limited Partner or Class B Common Limited Partner who has breached the terms of a non-compete, non-solicitation or management agreement between such Person and the General Partner or Partnership. For the purposes of this definition, (i) if circumstances arise in which X. Xxxx Xxxxxx, Jr., Xxxxxx X. Xxxxxx or Xxxxxx, Xxxxxx & Company (or any of their respective Affiliates) would be considered a Defaulting Holder, then Management Capital Company, LLC shall be considered a Defaulting Holder; (ii) if circumstances arise in which Xxxx X. Xxxxxxx would be considered a Defaulting Holder, then Xxxx X. Xxxxxxx Revocable Trust Dated 12-24-92 shall be considered a Defaulting Holder and (iii) if circumstances arise in which Xxxxx X. Xxxxxxxxx would be considered a Defaulting Holder, then Xxxxx X. Xxxxxxxxx Revocable Trust Dated 8-21-00 shall be considered a Defaulting Holder.