Qualifying Underwriting definition

Qualifying Underwriting. A best efforts or firm commitment underwriting or private placement that meets the requirements of an Underwriter’s Exemption.
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Qualifying Underwriting. A best efforts or firm commitment underwriting or private placement that meets the requirements of Prohibited Transaction Exemption (“PTE”) 96-84, 61 Fed. Reg. 58234 (1996), as amended by PXX 00-00, 00 Xxx. Xxx. 00000 (1997), PTE 2000-58, 65 Fed. Reg. 67765 (2000) and PTE 2002-41, 67 Fed. Reg. 54487 (2002) (or any successor thereto), or any substantially similar administrative exemption granted by the U.S. Department of Labor.
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Qualifying Underwriting. A best efforts or firm commitment underwriting or private placement that would satisfy the requirements of the Underwriter’s Exemption, except, in relevant part, for the requirement that the certificates have received a rating at the time of acquisition that is in one of the three (or four, in the case of a “designated transaction”) highest generic rating categories by at least one of the Rating Agencies.
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Examples of Qualifying Underwriting in a sentence

  • ERISA Qualifying Underwriting ----------------------------- A best efforts or firm commitment underwriting or private placement that meets the requirements (without regard to the ratings requirement or other requirements that the securities or the investor must satisfy) of the Underwriter Exemption, or any substantially similar administrative exemption granted by the U.S. Department of Labor.

  • ERISA Qualifying Underwriting A best efforts or firm commitment underwriting or private placement that meets the requirements (without regard to the ratings requirement or other requirements that the securities or the investor must satisfy) of the Underwriter Exemption, or any substantially similar administrative exemption granted by the U.S. Department of Labor.

  • If at any time after a Qualifying Underwriting the Corporation proposes for any reason to register any of its Common Stock under the federal Securities Act of 1933, it will each such time promptly give written notice of its intention to register Common Stock to holders of then outstanding Common Stock received upon conversion of Preferred Stock.

  • Each purchaser of such Certificate will be deemed to have represented to the Trustee and the Servicer, by virtue of its acquisition of such Certificate, either that (i) it is not a Plan Investor or (ii) (A) it is a Plan Investor, (B) the Class A Certificates have been the subject of an ERISA Qualifying Underwriting and (C) the Class A Certificates are rated in one of the four highest generic rating categories at the time of purchase.

  • ERISA Qualifying Underwriting: A best efforts or firm commitment underwriting that meets the requirements of either Prohibited Transaction Exemption 83-1 or an “Underwriter’s Exemption,” as defined in Section V(h) of Prohibited Transaction Exemption 95-60, except the requirements that the Certificates (i) not be subordinated to the rights and interest of other Certificates issued by the Trust and (ii) have a rating that is one of the top three ratings categories.

  • All outstanding shares of Preferred Stock will be automatically converted upon the consummation by the Company of an offering pursuant to an underwriting agreement in which the Company commits to register Common Stock and obtains at least $5,000,000 gross proceeds from such offering at a price of at least $4.00 per share (a "Qualifying Underwriting").

  • No transfer of all or ---------------------------------------- any portion of the Class 1A-IO or Class 2A-IO Certificates may be made to a Plan Investor, unless such Class A-IO Certificate has been the subject of an ERISA Qualifying Underwriting and such Certificate is rated in one of the four highest generic rating categories at the time of such transfer.

  • No transfer of all or any portion of the Class 2A-IO Certificates may be made to a proposed transferee that is a Plan Investor unless and until such Certificates have been the subject of an ERISA Qualifying Underwriting and are rated in one of the four highest generic ratings categories by S&P, Xxxxx'x or Fitch at such time.

  • No transfer of all or any portion of the Class 1A-IO Certificates may be made to a proposed transferee that is a Plan Investor unless and until such Certificates have been the subject of an ERISA Qualifying Underwriting and are rated in one of the four highest generic ratings categories by S&P, Xxxxx'x or Fitch at such time.

  • It is expressly agreed that the terms and conditions of this agreement and any order shall supersede the terms and conditions in any purchase order, proposal, or other non-NST document, and no terms or conditions included in any purchase order or other non-NST document shall apply to the items you order.


More Definitions of Qualifying Underwriting

Qualifying Underwriting. A best efforts or firm commitment underwriting or private placement that meets the requirements of an Underwriter’s Exemption. ERISA-Restricted Certificate: The Class R, Class LT-R, Class B-2, Class B-3, Class B-4 or Class B-5 Certificates and any Certificate that does not satisfy the applicable rating requirement under the Underwriter’s Exemption.
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Qualifying Underwriting has occurred with respect to such Class, the Class PO Certificates; and any Certificate that no longer satisfies the applicable rating requirement under the Underwriter's Exemption. Floating Rate Certificates.................. Class A-4 and Class A-6 Certificates. Inverse Floating Rate Certificates................................ Class A-5 and Class A-7 Certificates. COFI Certificates........................... None. LIBOR Certificates.......................... Class A-4, Class A-5, Class A-6 and Class A-7 Certificates. Non-Delay Certificates...................... Class A-4 and Class A-5 Certificates. Notional Amount Certificates................................ Class A-5 Certificates. Offered Certificates........................ All Classes of Certificates other than the Private Certificates. Physical Certificates....................... Private Certificates and the Residual Certificates. Planned Principal Classes................... Class A-1, Class A-2, Class A-3 and Class A-4 Certificates. Primary Planned Principal Classes..................................... None. Principal Only Certificates................................ Class PO and Class A-9 Certificates. Private Certificates........................ Class B-3, Class B-4 and Class B-5 Certificates. Rating Agencies............................. S&P and Moody's. Regular Certificates........................ Xxx Xxxsses of Certificates, other than the Residual Certificates. Residual Certificates....................... Class A-R Certificates. Scheduled Principal Classes..................................... None. Secondary Planned Principal Class....................................... None.
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Related to Qualifying Underwriting

  • ERISA-Qualifying Underwriting A best efforts or firm commitment underwriting or private placement that meets the requirements of an Underwriter’s Exemption.

  • Participating Underwriter means any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds.

  • Managing Underwriters means the investment banker or investment bankers and manager or managers that shall administer an underwritten offering.

  • Managing Underwriter means, with respect to any Underwritten Offering, the book-running lead manager of such Underwritten Offering.

  • Pending Underwritten Offering means, with respect to any Holder forfeiting its rights pursuant to this Section 4.5(l), any underwritten offering of Registrable Securities in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section 4.5(a)(ii) or 4.5(a)(iv) prior to the date of such Holder’s forfeiture.

  • Shelf Underwritten Offering shall have the meaning given in subsection 2.1.3.

  • Underwritten Shelf Takedown shall have the meaning given in subsection 2.3.3.

  • Underwritten Takedown means an underwritten public offering of Registrable Securities pursuant to the Resale Shelf Registration Statement, as amended or supplemented.

  • Company Underwriter has the meaning set forth in Section 4(a) of this Agreement.

  • Underwriting (the "Directed Share Program"). The Shares to be sold by Xxxxxx Xxxxxxx pursuant to the Directed Share Program (the "Directed Shares") will be sold by Xxxxxx Xxxxxxx pursuant to this Agreement at the public offering price. Any Directed Shares not orally confirmed for purchase by any Participants by the end of the first business day after the date on which this Agreement is executed will be offered to the public by Xxxxxx Xxxxxxx as set forth in the Prospectus.

  • Underwritten Offering Notice has the meaning set forth in Section 2(b).

  • Underwritten Offering means a Registration in which securities of the Company are sold to an Underwriter in a firm commitment underwriting for distribution to the public.

  • Marketed Underwritten Offering means any Underwritten Offering (including a Marketed Underwritten Shelf Take-Down, but, for the avoidance of doubt, not including any Shelf Take-Down that is not a Marketed Underwritten Shelf Take-Down) that involves a customary “road show” (including an “electronic road show”) or other substantial marketing effort by the Company and the underwriters over a period of at least 48 hours.

  • Piggyback Registration shall have the meaning given in subsection 2.2.1.

  • IPO Underwriter means each Person named as an underwriter in Schedule I to the IPO Underwriting Agreement who purchases Common Units pursuant thereto.

  • Underwritten Shelf Take-Down has the meaning set forth in Section 2.4(b).

  • Approved Underwriter has the meaning set forth in Section 3(f) of this Agreement.

  • Piggy-Back Registration is defined in Section 2.2.1.

  • Marketed Underwritten Shelf Take-Down has the meaning set forth in Section 2.02(e).

  • Initiating Holders means, collectively, Holders who properly initiate a registration request under this Agreement.

  • Underwritten Public Offering means an underwritten Public Offering, including any bought deal or block sale to a financial institution conducted as an underwritten Public Offering.

  • Qualified Initial Public Offering means any initial public offering of securities by the Company pursuant to an effective Registration Statement covering the sale of such securities, pursuant to which the Company shall actually receive aggregate net cash proceeds (not subject to any contingencies) equal to no less than $50,000,000.

  • Underwriters' Securities means the Offered Securities other than Contract Securities.

  • Shelf Offering has the meaning set forth in Section 1(d)(i).

  • Initiating Holder has the meaning set forth in Section 2.01(a).

  • Qualifying Holder shall have the meaning ascribed thereto in Section 12 hereof.