Declining Holder definition

Declining Holder as defined in Section 2.9(g).
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Declining Holder is defined in Section 2.01(e)(iv).
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Declining Holder and all other holders of Priority Lien Obligations, “Non-Declining Holders”), then such Declined Proceeds shall be offered and paid to the Non-Declining Holders in accordance with their pro rata share of the Priority Lien Obligations until all of the remaining Declined Proceeds have been depleted. It being understood that such Declined Proceeds shall be treated in the same manner as the proceeds which required the original payment pursuant to Section 2.01(d)(i) or Section 2.01(e)(i)(A)-(E) above, but for the purposes of determining when such Declined Proceeds are required to be paid by a Loan Party, the date of receipt of such proceeds shall be the first Business Day after the last day that a Declining Holder under any Priority Lien Obligation has the right to decline their share of such proceeds (for example, if a Priority Lien Holder has a right to accept or decline such proceeds of an Asset Disposition for five (5) days under this Agreement and sixty (60) days under other Priority Lien Obligations, then the first day that such Declined Proceeds would be required to be offered to the other non-Declining Holders would be the first Business Day after the sixty (60) day period allowed under the other Priority Lien Obligations). For the avoidance of doubt, nothing in this Section 2.01(e)(iv) shall confer on any Lender the option to elect to decline all or any portion of any voluntary payment of its Loans under Section 2.01(d) of this Agreement.
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Examples of Declining Holder in a sentence

  • In the event any such Holder declines redemption or fails to submit shares of Convertible Preferred Stock for redemption on or before the Redemption Date, the amount of the Redemption Fund allocated to the Declining Holder or Holders shall be reallocated ratably to the remaining Holders who have elected to redeem.

  • Each mandatory redemption pursuant to this Section 2.07 shall be applied to the outstanding principal amount of the Notes (other than the Notes held by a Declining Holder) on a pro rata basis.


More Definitions of Declining Holder

Declining Holder has the meaning given to that term in Section 3.5(f).
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Declining Holder has the meaning set forth in Section 2.12(b).
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Declining Holder has the meaning assigned to such term in Section 2.11(c).
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Related to Declining Holder

  • Existing Holder means a Broker-Dealer, or any such other Person that may be permitted by the Trust, that is listed as the holder of record of APS in the Share Books.

  • Initiating Holder has the meaning set forth in Section 2.01(a).

  • Electing Holder means any holder of Registrable Securities that has returned a completed and signed Notice and Questionnaire to the Company in accordance with Section 3(d)(ii) or 3(d)(iii) hereof.

  • Qualifying Holder shall have the meaning ascribed thereto in Section 12 hereof.

  • Requesting Holder shall have the meaning given in subsection 2.1.1.

  • Participating Holder means any Holder of Registrable Securities that has returned a completed and signed Notice and Questionnaire to the Company in accordance with Section 2(b) hereof.

  • Selling Holder means a Holder who is selling Registrable Securities pursuant to a registration statement.

  • Takedown Requesting Holder shall have the meaning given in subsection 2.3.3.

  • Demanding Holder shall have the meaning given in subsection 2.1.1.

  • Participating Holders means all Holders of Registrable Securities which are proposed to be included in any offering of Registrable Securities pursuant to Section 2.1 or Section 2.2.

  • Controlling Holder means, as of any date of determination:

  • Initiating Holders means, collectively, Holders who properly initiate a registration request under this Agreement.

  • Living Holder A Certificate Owner of a Special Retail Certificate other than a Deceased Holder.

  • Requesting Holders shall have the meaning given in Section 2.1.5.

  • Existing Holders shall have the meaning given in the Preamble.

  • Selling Holders means, with respect to a specified registration pursuant to this Agreement, Holders whose Registrable Securities are included in such registration.

  • Eligible Holder means a Limited Partner whose (a) federal income tax status would not, in the determination of the General Partner, have the material adverse effect described in Section 4.9(a)(i) or (b) nationality, citizenship or other related status would not, in the determination of the General Partner, create a substantial risk of cancellation or forfeiture as described in Section 4.9(a)(ii).

  • Designated Holder means the Holder of Note A-1.

  • Directing Holder means the Holder of Note A-1 or, if Note A-1 is included in a Securitization, the holders of Certificates issued in connection with such Securitization representing the specified interest in the class of Certificates designated as the “Controlling Class” or the duly appointed representative of the holders of such Certificates or such other party that the Note A-1 Holder grants the right to exercise the rights granted to the Directing Holder in this Agreement; provided, that no Borrower Party shall be entitled to act as Directing Holder.

  • Piggyback Request has the meaning set forth in Section 2(b).

  • Piggyback Registration shall have the meaning given in subsection 2.2.1.

  • Majority Participating Holders means Participating Holders holding more than 50% of the Registrable Securities proposed to be included in any offering of Registrable Securities by such Participating Holders pursuant to Section 2.1 or Section 2.2.

  • Shelf Holder means any Holder that owns Registrable Securities that have been registered on a Shelf Registration Statement.

  • Ineligible Holder is defined in Section 4.8(c).

  • Acting Holders means, at the time of determination, Holders of at least 40% of the outstanding CVRs as set forth on the CVR Register.