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

  • UK Qualifying Lender means a Lender which is beneficially entitled to interest payable to that Lender in respect of an advance under a Loan Document and is:

  • Irish Qualifying Lender means a Lender which is beneficially entitled to interest payable to that Lender in respect of an advance under this Agreement and is:

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

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

  • Qualifying Lenders has the meaning specified in Section 2.05(d)(iv).

  • Qualified Lender means a lender approved by the federal department of housing and urban development to enter into a loan insured by the federal government under 12 USC 1715z−20.

  • Qualifying Loans has the meaning specified in Section 2.05(d)(iv).

  • 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.

  • New Non-Qualifying Jobs means the number of Non-Qualifying Jobs, as defined in 34 TEXAS ADMIN. CODE Section 9.1051(14), to be created by the Applicant after the Application Approval Date in connection with the project which is the subject of its Application.

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

  • Permitted Amount means, on any date, an amount equal to 3.5 times Adjusted EBITDA as of the most recent fiscal quarter for which financial statements of the Company are internally available immediately preceding such date.

  • 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 Disposition means (i) any Asset Disposition permitted by Section 8.5 and (ii) any Excluded Asset Disposition.

  • Prepayment Asset Sale means any Disposition by the Borrower or its Restricted Subsidiaries made pursuant to Section 6.07(h).

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

  • Qualified Acquisition means any acquisition of either or both the capital stock or assets of any Person or Persons (or any portion thereof), or the last to occur of a series of such acquisitions consummated within a period of six consecutive months, if the aggregate amount of Indebtedness incurred by one or more of the Company and its Subsidiaries to finance the purchase price of, or assumed by one or more of them in connection with the acquisition of, such stock and property is at least $100,000,000.

  • Qualified alien means an alien who is:

  • Specified Asset Sale has the meaning specified in Section 2.05(b)(vi).

  • Permitted Asset Dispositions means the following Asset Dispositions, provided, however, that at the time of such Asset Disposition, no Default or Event of Default exists or would result from such Asset Disposition:

  • Collateral Disposition means (i) the sale, lease, transfer or other disposition of the Vessel by the Borrower to any Person (it being understood that a Permitted Chartering Arrangement is not a Collateral Disposition) or the sale of 100% of the Capital Stock of the Borrower or (ii) any Event of Loss of the Vessel.

  • Permitted Acquisition means any non-hostile acquisition, whether by purchase, merger or otherwise, of all or substantially all of the assets of, or 50% or more of the voting capital stock of, or a business line or a division of, any Person; provided that:

  • Permitted Acquisition Consideration means, in connection with any Permitted Acquisition, the aggregate amount (as valued at the Fair Market Value of such Permitted Acquisition at the time such Permitted Acquisition is made) of, without duplication: (a) the purchase consideration for such Permitted Acquisition, whether payable at or prior to the consummation of such Permitted Acquisition or deferred for payment at any future time, whether or not any such future payment is subject to the occurrence of any contingency, and including any and all payments representing the purchase price and any assumptions of Debt and/or Guaranties, “earn-outs” and other agreements to make any payment the amount of which is, or the terms of payment of which are, in any respect subject to or contingent upon the revenues, income, cash flow or profits (or the like) of any Person or business and (b) the aggregate amount of Debt assumed in connection with such Permitted Acquisition; provided in each case, that any such future payment that is subject to a contingency shall be considered Permitted Acquisition Consideration only to the extent of the reserve, if any, required under GAAP (as determined at the time of the consummation of such Permitted Acquisition) to be established in respect thereof by Holdings or its Restricted Subsidiaries.

  • Permitted Acquisition Indebtedness means Indebtedness or Disqualified Stock of the Company or any of its Restricted Subsidiaries to the extent such Indebtedness or Disqualified Stock was Indebtedness or Disqualified Stock of any other Person existing at the time (a) such Person became a Restricted Subsidiary of the Company or (b) such Person was merged or consolidated with or into the Company or any of its Restricted Subsidiaries, provided that on the date such Person became a Restricted Subsidiary or the date such Person was merged or consolidated with or into the Company or any of its Restricted Subsidiaries, as applicable, either

  • Notifying Lender has the meaning given in Clause 23.1 or Clause 24.1 as the context requires;

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

  • Permitted Disposition means any of the following: