Qualifying Noteholder means, any person which is:

Qualifying Noteholder means a Noteholder at the Record Date that (a) if the Noteholder is resident in the United States, such Noteholder is a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act, or (b) in the case of a Noteholder resident in a province or territory of Canada, is an “accredited investor” as such term is defined in National Instrument 45-106 Prospectus and Registration Exemptions of the Canadian Securities Administrators, or (c) in the case of a Noteholder resident outside of Canada and the United States can demonstrate to Ainsworth that it is qualified to subscribe for New Notes in accordance with applicable laws.

Qualifying Noteholder means any Noteholder holding Notes with a principal amount of £6,004,803.84 million or greater.

Examples of Qualifying Noteholder in a sentence

Without limiting the generality of the foregoing the Company will also pay all reasonable costs and expenses incurred by any Qualifying Noteholder in connection with the exercise of inspection rights pursuant to Section 9.5 hereof during the existence of an Event of Default or Potential Default and all reasonable costs and expenses incurred by you and each other Noteholder in connection with any merger or consolidation of the Company or any Material Subsidiary pursuant to Section 10.1 hereof.

More Definitions of Qualifying Noteholder

Qualifying Noteholder means a person that is the beneficial owner of Notes and that is, by virtue of the law of a relevant territory, resident for the purposes of tax in the relevant territory and that will not receive any payment pursuant to this Agreement, the Issuing and Paying Agency Agreement, the Notes or the Guarantee in connection with a trade or business which is carried on by such person through a branch or agency in Ireland. For these purposes, a Relevant Territory means a Member State of the European Union (other than Ireland) or a country with which Ireland has entered into a double tax treaty at the time a relevant payment is made.

Qualifying Noteholder means a Noteholder which is beneficially entitled to interest payable to that Noteholder and which is:

Qualifying Noteholder means a Secured Noteholder as of the Filing Date that: (a) in the case of a Secured 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 Secured Noteholder resident in a province or territory of Canada, is an “accredited investor” as such term is defined in the National Instrument 45-106 Prospectus and Registration Exemptions (“NI 45-106”); or (c) in the case of a Secured Noteholder resident outside of Canada or the United States, would qualify as an “accredited investor” as such term is defined in NI-45-106 as if such Secured Noteholder was resident in Canada and can demonstrate to SkyLink Aviation that it is qualified to participate as a lender in the DIP Facility in accordance with the laws of its jurisdiction of residence.

Qualifying Noteholder means (a) each Noteholder party to this Agreement and any of its Affiliates and (b) any other Noteholder that (i) is an Institutional Investor (or a controlled Affiliate of an Institutional Investor) or (ii) holds (together with its Affiliates) at least 2.5% of the unpaid principal amount of the Notes at the time outstanding.