Qualifying Noteholders definition

Qualifying Noteholders means a Noteholder as of the Record Date that: (a) in the case of a Noteholder resident in the United States, is a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act; (b) in the case of a Noteholder resident in a province or territory of Canada, would otherwise qualify as an “accredited investor” as such term is defined in the National Instrument 45-106 Prospectus and Registration Exemptions; or (c) in the case of a Noteholder resident outside of Canada or the United States, would otherwise qualify as an “accredited investor” as such term is defined in the National Instrument as if such Noteholder was resident in Canada and can demonstrate to Tembec Inc. that it is qualified to participate in the New Loan in accordance with the laws of its jurisdiction of residence;
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Examples of Qualifying Noteholders in a sentence

  • Tembec Industries will offer the Qualifying Noteholders the opportunity to participate in funding the New Loan.

  • Those holders of Senior Subordinated Noteholder Claims that are not Qualifying Noteholders.

  • Qualifying Noteholders will have an opportunity to participate as lenders in amounts up to their pro rata share, based on the principal amount of Existing Notes held, of the New Loan in the aggregate amount of US$300,000,000.

  • The Backstop Parties have entered into commitment agreements with Tembec to the effect that any amount of the New Loan that is not provided by Qualifying Noteholders shall be provided by the Backstop Parties.

  • The difference between: (i) 5% of the New Common Stock; and (ii) the aggregate Pro Rata Share of New Common Stock allocable to Qualifying Noteholders.

  • As part of the Plan of Arrangement, Qualifying Noteholders will have the opportunity to participate in the New Loan in the amount of US$300 million.

  • Qualifying Noteholders are required to properly complete, duly execute and medallion/stamp guarantee this New Loan Participation Form and submit it to the Depositary Agent via registered mail, by hand, or by courier at the address indicated below on or prior to the New Loan Participation Deadline: Computershare Investor Services Inc.

  • Without limiting the foregoing, Key is authorized to issue and deliver the Primary Rights Offering Common Stock and the Incremental Liquidity Shares to the Qualifying Noteholders and Qualifying Equity Holders that properly subscribed therefor pursuant to the Rights Offering Procedures.

Related to Qualifying Noteholders

  • Requesting Noteholders shall have the meaning ascribed thereto in Section 12.01 of the Indenture.

  • Requisite Noteholders Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Controlling Class.

  • Instituting Noteholders has the meaning set forth in Section 7.6(a) of the Indenture.

  • Required Noteholders has, with respect to any Series of Notes, the meaning stated in the related Series Supplement.

  • Controlling Noteholder means as of any date of determination the holder or holders of a majority of the Lead Securitization Note. At any time the Lead Securitization Note is the Controlling Noteholder and is included in the Lead Securitization, references to the “Controlling Noteholder” herein shall mean the holders of the majority of the class of securities issued in the Lead Securitization designated as the “controlling class” (or such lesser amount as permitted under the terms of the Servicing Agreement) or such other class(es) otherwise assigned the rights to exercise the rights of the “Controlling Noteholder” hereunder, as and to the extent provided in the Servicing Agreement.

  • Second Lien Noteholders means the holders of the Second Lien Notes.

  • Consenting Noteholders has the meaning set forth in the preamble to this Agreement.

  • Required Consenting Noteholders means, as of the relevant date, Consenting Noteholders that collectively hold at least 75% of the aggregate outstanding principal amount of the Notes Claims held by all such Consenting Noteholders.

  • Senior Noteholders means the holders of the Senior Notes.

  • Initial Noteholders shall have the meaning assigned to such term in the recitals.

  • Majority in Interest of Noteholders means, as of a particular date of determination and subject to Section 2.16 of the Indenture, the holders of at least a majority in aggregate unpaid principal amount of all Equipment Notes outstanding as of such date (excluding any Equipment Notes held by the Company or any Affiliate thereof, it being understood that a Pass Through Trustee shall be considered an Affiliate of the Company as long as more than 50% in the aggregate face amount of Pass Through Certificates issued by the corresponding Pass Through Trust are held by the Company or an Affiliate of the Company or a Pass Through Trustee is otherwise under the control of the Company or such Affiliate of the Company (unless all Equipment Notes then outstanding are held by the Company or any Affiliate thereof, including the Pass Through Trustees which are considered Affiliates of the Company pursuant hereto)); provided that for the purposes of directing any action or casting any vote or giving any consent, waiver or instruction hereunder, any Noteholder of an Equipment Note or Equipment Notes may allocate, in such Noteholder’s sole discretion, any fractional portion of the principal amount of such Equipment Note or Equipment Notes in favor of or in opposition to any such action, vote, consent, waiver or instruction.

  • Class E Noteholder means the Person in whose name a Class E Note is registered on the Note Register.

  • Class A-1 Noteholders Interest Carryover Shortfall” means, with respect to any Payment Date, the excess of the Class A-1 Noteholders’ Monthly Accrued Interest for the preceding Payment Date and any outstanding Class A-1 Noteholders’ Interest Carryover Shortfall on such preceding Payment Date, over the amount in respect of interest that is actually paid to Holders of Class A-1 Notes on such preceding Payment Date, plus interest on the amount of interest due but not paid to Holders of Class A-1 Notes on the preceding Payment Date, to the extent permitted by law, at the Class A-1 Interest Rate for the related Interest Period.

  • Class D Noteholders means the holders of any Class D Notes from time to time.

  • Majority Noteholders means the Holders of a majority by principal amount of the most senior then outstanding class of Notes.

  • Class A Noteholders means, collectively, the Class A-1 Noteholders, the Class A-2 Noteholders, the Class A-3 Noteholders and the Class A-4 Noteholders.

  • Non-Controlling Noteholder means each Noteholder other than the Controlling Noteholder; provided that, if at any time a Non-Controlling Note (or, at any time a Non-Lead Securitization Note is included in a Securitization, the Non-Lead Securitization Subordinate Class Representative) is held by the Mortgage Loan Borrower or a Mortgage Loan Borrower Related Party, no Person shall be entitled to exercise the rights of such Non-Controlling Noteholder with respect to such Non-Controlling Note.

  • Class C Noteholders means the holders of any Class C Notes from time to time.

  • Controlling Noteholder Representative shall have the meaning assigned to such term in Section 6(a).

  • Noteholders means the Class A-1 Noteholders, the Class A-2a Noteholders, the Class A-2b Noteholders, the Class A-3 Noteholders, the Class A-4 Noteholders, the Class B Noteholders, the Class C Noteholders and the Class D Noteholders.

  • Class B Noteholders Distribution Amount” means, for any distribution date, the sum of the Class B Noteholders’ Interest Distribution Amount and the Class B Noteholders’ Principal Distribution Amount for that distribution date.

  • Class A-1 Noteholder means the Person in whose name a Class A-1 Note is registered on the Note Register.

  • Class A-2 Noteholders means the Class A-2a Noteholders and the Class A-2b Noteholders.

  • Noteholder Claims means all Obligations in respect of the Notes or arising under the Noteholder Documents or any of them, including all fees and expenses of the Trustee thereunder.

  • Non-Lead Noteholder means any Noteholder other than the Lead Securitization Noteholder.

  • Class A Noteholder means the Person in whose name a Class A Note is registered in the Note Register.