Noteholder Trustee definition

Noteholder Trustee means each Existing Notes Trustee and each Additional Notes Trustee.

Noteholder Trustee means TMF Corporate Services (South Africa) Proprietary Limited, a private company incorporated under the laws of the Republic of South Africa with registration number 1967/010920/07;

Noteholder Trustee means U.S. Bank National Association, in its capacity as trustee under the Noteholder Agreement, and also includes any successor, replacement or agent acting on its behalf as Noteholder Trustee for the Noteholder Secured Parties under the Noteholder Documents.

Examples of Noteholder Trustee in a sentence

• The Issuer shall upon written request from the Noteholder Trustee, provide the Noteholder Trustee with a list of Secured Properties as at the date of the written request from the Noteholder Trustee, within 10 (ten) Business Days of receipt of the written request from the Noteholder Trustee.

• In the event of any dispute in respect of any calculation relating to the Financial Covenants or any other calculations required in respect of any Financial Covenant, such dispute shall be determined by independent auditors, appointed by the Noteholder Trustee (which auditors must be one of PricewaterhouseCoopers Inc., Ernst & Young, Deloitte & Touche Inc.

• The Noteholder Trustee shall instruct the Debt Guarantor to do all such things as are necessary to release and cancel any Mortgage Bond over the relevant Fourways Development Properties, provided that the Issuer has taken all steps necessary to ensure that a new Mortgage Bond is registered over the Issuer’s Interest in Fourways in favour of the Debt Guarantor simultaneously with the release of the Mortgage Bonds.

• Subject to compliance with this Condition 2.11, the Noteholder Trustee shall instruct the Debt Guarantor to do all such things as are necessary to release and cancel any Mortgage Bond over any Immovable Property which the Issuer is permitted to dispose of in terms of this Condition2.11.

• The Noteholder Debt Guarantee and/or the Noteholder Guarantee shall not be amended, modified or varied, unless such amendments are of a technical nature, to correct a manifest error or to comply with mandatory provisions of law, without the prior approval of the Secured Noteholders, holding not less than 66.67% (sixty-six point six-seven percent) in Nominal Amount of the Notes Outstanding from time to time or a specific Class of Notes, as the case may be, represented by the Noteholder Trustee.

More Definitions of Noteholder Trustee

Noteholder Trustee means The Bank of New York as trustee for the holders of the Senior Subordinated Notes and any successor trustee.

Noteholder Trustee. “Participating Creditor”, “Refinancing Creditor”, any “Party” or the “Security Agent” or any other person shall be construed so as to include its successors in title, permitted assigns and permitted transferees and, in the case of the Security Agent, any person for the time being appointed as Security Agent or Security Agents in accordance with this Agreement;

Noteholder Trustee means TMF, in its capacity as initial trustee under the Trust Deed.

Noteholder Trustee means U.S. Bank National Association, in its capacity as trustee under the Noteholder Agreement, and also includes any successor, replacement or agent acting on its behalf as Noteholder Trustee for the Noteholder Secured Parties under the Noteholder Documents. “Notes” shall mean any notes issued pursuant to the Noteholder Agreement, whether issued pursuant to the initial offering or subsequently, including any exchange notes and additional notes. “Other Borrower” shall have the meaning set forth in the preamble hereto. “Permitted Actions” shall mean any of the following: (a) in any Insolvency or Liquidation Proceeding, filing a proof of claim or statement of interest with respect to the Noteholder Debt or Excess ABL Debt, as the case may be; (b) taking any action to preserve or protect the validity, enforceability, perfection or priority of the Liens securing the Noteholder Debt or the Excess ABL Debt, as the case may be, provided that no such action is, or could reasonably be expected to be, (i) as to any action by any Noteholder Secured Party, adverse to the Liens securing the First Priority Debt or the rights of the ABL Agent or any other ABL Secured Party to exercise remedies in respect thereof to the extent not expressly prohibited by this Agreement, (ii) as to any action by any ABL Secured Party, adverse to the Liens securing the Noteholder Debt or the rights of the Collateral Agent or any other Noteholder Secured Party to exercise remedies in respect thereof to the extent not expressly prohibited by this Intercreditor Agreement, or (iii) otherwise inconsistent with the terms of this Intercreditor Agreement, including the automatic release of Liens provided in Section 3.3; (c) filing any responsive or defensive pleadings in opposition to any motion, claim, adversary proceeding or other pleading made by any Person objecting to or otherwise seeking the disallowance of the claims of the Noteholder Secured Parties or the claims of the ABL Secured Parties with respect to Excess ABL Debt, including any claims secured

Noteholder Trustee has the meaning set forth in the introduction to this Intercreditor Agreement.

Noteholder Trustee has the meaning given to it in the definition of “Unsecured Note Indenture”.

Noteholder Trustee. The Bank of New York, National Association, as successor to Bank One N.A., in its separate capacity as trustee under each of the Series A Indenture and Series B Indenture, together with any successors and assigns.