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 of the Series 2016-1 Class A-1 Note Purchase Agreement within one 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 the Series 2016-1 Class A-1 Note Purchase Agreement within one 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.

Examples of Defaulting Investor in a sentence

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

• A Defaulting Investor will not, under any circumstances, be relieved from any of its obligations under or in relation to its Units or the Offering Documents, including, without limitation, satisfaction of its obligation to meet further drawdowns of Sub-Fund Capital Commitments and any restrictions on the transfer and redemption of Units.

• A Defaulting Investor shall also forfeit all rights to all the monies payable in respect of any Shares and not paid before the default.

• Whenever the vote, consent or decision of the Defaulting Investor is required or permitted pursuant to the Instrument, unless otherwise agreed by the Directors and the Defaulting Investor or required by Irish law, a Defaulting Investor shall not be entitled to participate in such vote, or to make such decision, and such vote or decision shall be tabulated or made as if such Defaulting Investor were not a Shareholder.

• Notwithstanding anything to the contrary in this Subscription Agreement, the Company will hold the Defaulting Investor responsible for all fees and expenses, including without limitation, attorneys’ fees or sales commissions, incurred as a result of the default.

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

Defaulting Investor is any Investor:

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

Defaulting Investor except as otherwise provided in the Subscription Agreement, means any Investor that has at any time declined or otherwise failed to fund its pro rata portion of any Draw in accordance with the terms and conditions set forth in the Subscription Agreement.

Defaulting Investor has the meaning set forth in Section 1.02 of the Series 2019-1 Class A-1 Note Purchase Agreement.

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