Defaulting Investor definition

Defaulting Investor means any Investor that has (a) failed to make a payment required to be made by it under the terms of this Agreement within one (1) Business Day of the day such payment is required to be made by such Investor thereunder, (b) notified the Administrative Agent in writing that it does not intend to make any payment required to be made by it under the terms of this Agreement within one (1) Business Day of the day such payment is required to be made by such Investor thereunder or (c) become the subject of an Event of Bankruptcy.

Defaulting Investor is defined in the definition of “Exclusion Event” herein.

Defaulting Investor means any Investor that has (a) failed to make a payment required to be made by it under the terms hereof within one (1) Business Day of the day such payment is required to be made by such Investor hereunder, (b) notified the related Funding Agent in writing that it does not intend to make any payment required to be made by it under the terms hereof within one (1) Business Day of the day such payment is required to be made by such Investor hereunder, (c) become the subject of an Event of Bankruptcy or (d) become the subject of a Bail-In Action.

Examples of Defaulting Investor in a sentence

• The Commitment of a Defaulting Investor may be offered to other Shareholders or investors after a reasonable notice period to the Defaulting Investor Shareholders of the relevant Fund.

• Without prejudice to the generality of the foregoing, the Directors may take such additional actions in respect of a Defaulting Investor as they may consider reasonable (i) as may be set out in the Prospectus and/or the Application Form and/or (ii) under applicable law in each case in accordance with the requirements of the Central Bank (if any).

• The consideration (if any) shall be retained by the ICAV and used to offset the claim of the ICAV against the Defaulting Investor.

• The Directors shall have the right to pursue all remedies at law or in equity available to them with respect to the Default of a Defaulting Investor.

• In addition, the Directors may at their discretion prohibit such Defaulting Investor from making further Capital Commitments.

More Definitions of Defaulting Investor

Defaulting Investor is any Investor that has not funded any portion of a Capital Call made by the applicable Borrower when due in accordance with such Capital Call and has not cured such failure in accordance with the applicable Subscription Agreement, unless Administrative Agent elects in writing, in its sole discretion, to waive any such failure.

Defaulting Investor is defined in Section 2.01(c) hereof.

Defaulting Investor shall have the meaning set forth in Section 5.5(b).

Defaulting Investor has the meaning given to it in Clause 13.2.2;

Defaulting Investor has the meaning assigned to it in Section 8.15 hereof.

Defaulting Investor is any Investor:

Defaulting Investor has the meaning specified in Section 2.3(a).