Permitted Non-Qualifying Lender definition

Permitted Non-Qualifying Lender means in respect of a Series of Restricted Notes a person or entity which is not a Qualifying Bank on the date it becomes a Noteholder and:
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Permitted Non-Qualifying Lender means, as determined with respect to Swiss Borrowers, any bank, financial institution, trust, fund or other entity that is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets, that:
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Permitted Non-Qualifying Lender means, at any time, any Person that is not a Qualifying Bank, and that would not, if that Person became a Lender at that time, cause the number of Lenders who are not Qualifying Banks to exceed ten (10).
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Examples of Permitted Non-Qualifying Lender in a sentence

  • The Company shall not consent to a Transfer unless the Transfer is (i) to a Qualifying Bank (as defined in the Note), (ii) to an Existing Securityholder or (iii) compliant with the Permitted Non-Qualifying Lender Rule (as defined in the Note) in each case of which the Company shall not be entitled to refuse its consent.

  • In addition, each holder of Loan Notes (a “Loan Noteholder”) must be a Qualifying Bank (as defined in the Conditions); provided, however, that one single Permitted Non-Qualifying Lender (as defined in the Conditions) may also be a Loan Noteholder.

  • A Loan Note may only be assigned or transferred, including by way of security, (a “Transfer” and “Transferred” shall be construed accordingly), in whole or in part, if the Transfer is to a Qualifying Bank or the Permitted Non-Qualifying Lender.


More Definitions of Permitted Non-Qualifying Lender

Permitted Non-Qualifying Lender means initially ELM B.V., and a successor of ELM B.V., or any subsequent successor thereof, by way of Transfer of all but not some only of the Loan Notes held by ELM B.V., or any subsequent successor thereof (for so long as that successor continues to be a Loan Noteholder in accordance with the Conditions), provided that:
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Permitted Non-Qualifying Lender means with regard to a Swiss Obligor:
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Permitted Non-Qualifying Lender means one person or entity which is not a Qualifying Bank on the date it becomes a Loan Noteholder and:
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Permitted Non-Qualifying Lender means one person or entity which is not a Qualifying Bank on the date it becomes a Loan Noteholder and: (c) which is initially Argentum Netherlands B.V. (“Argentum”) (for so long as Argentum continues to be a Loan Noteholder in accordance with these Conditions), or (d) which, thereafter is a successor of Argentum, or any subsequent successor thereof, by way of Transfer (as defined in Condition 1) of all but not some only of the Loan Notes held by Argentum or such subsequent successor thereof (for so long as such successor of Argentum, or any subsequent successor thereof, continues to be a Loan Noteholder in accordance with these Conditions), which: (ii) has prior to its becoming a Loan Noteholder, satisfied all obligations to be fulfilled by a proposed Permitted Non-Qualifying Lender in accordance with Condition 1), provided that:
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Related to Permitted Non-Qualifying Lender

  • Qualifying Lender has the meaning set forth in Section 2.05(a)(v)(D)(3).

  • Qualified Lender means a lender approved by the Director of Transportation to finance the transfer of Medallions under the former Taxi Medallion Sales Pilot Program or the Taxi Medallion Transfer Program.

  • Qualifying Bank means any entity, which effectively conducts banking activities as principal purpose with its own infrastructure and staff and which is recognized as a bank by the banking laws in force in the jurisdiction of its incorporation, or if such entity is acting through a branch in a jurisdiction other than the jurisdiction of its incorporation, in the jurisdiction where such branch is located or registered all in accordance with the Swiss Guidelines.

  • Disqualified Lender has the meaning specified in Section 10.06(b)(v).

  • Disqualified Lenders means (i) those Persons identified by the Lead Borrower to the Commitment Parties in writing prior to the Effective Date as being “Disqualified Lenders”, (ii) those Persons who are competitors of the Lead Borrower, the Acquired Company and/or any of their Subsidiaries or Persons Controlling or Controlled by any of the foregoing, in each case, identified by the Lead Borrower to the Commitment Parties (or on and following the Effective Date, the Administrative Agent) from time to time in writing (including by email) which designation shall become effective three (3) Business Days after the delivery of each such written designation to the Administrative Agent, but which shall not apply retroactively to disqualify any persons that have previously acquired, or entered into a trade to acquire, an assignment or participation interest in the Loan and (iii) in the case of each Person identified pursuant to clauses (i) and (ii) above, any of their Affiliates (other than any such Affiliate that is primarily engaged in, or that advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and with respect to which the primary Disqualified Lender does not possess the power to direct or cause the direction of the investment policies of such entity referenced in clause (ii) above, unless separately identified by the Lead Borrower pursuant to clause (i) above) that are either (x) identified in writing by the Lead Borrower to the Commitment Parties (or, on and following the Effective Date, the Administrative Agent) from time to time or (y) clearly identifiable as Affiliates on the basis of such Affiliate’s name. Such list of Disqualified Lenders shall be available for inspection upon request by any Lender. Notwithstanding anything to the contrary contained in this Agreement, (a) each Borrower and the Lenders acknowledge and agree that the Administrative Agent shall not be responsible or have any liability for, or have any duty to ascertain, inquire into, monitor or enforce, compliance with the provisions hereof relating to assignments or participations to a Disqualified Lender and (b) each Borrower and the Lenders agree that the Administrative Agent shall have no responsibility or obligation to determine whether any Lender or potential Lender is a Disqualified Lender and the Administrative Agent shall have no liability with respect to any assignment or participation made to a Disqualified Lender.

  • Permitted Asset Sale means any Asset Sale that is permitted under Section 6.8.

  • Permitted Acquisition means any acquisition by Borrower or any of its wholly owned Subsidiaries, whether by purchase, merger, amalgamation or otherwise, of all or substantially all of the assets of, all of the Equity Interests of, or a business line or unit or a division of, or a product or a product candidate of, any Person; provided that:

  • Permitted Acquisition Indebtedness means Indebtedness (including Disqualified Stock) of the Company or any of the Restricted Subsidiaries to the extent such Indebtedness was Indebtedness:

  • Affiliated Lender Cap has the meaning assigned to such term in Section 9.05(g)(iv).

  • Permitted Disposition means any of the following: