Required Supporting Noteholders definition

Required Supporting Noteholders means each of the Required Supporting Secured Noteholders and the Required Supporting Convertible Noteholders.

Required Supporting Noteholders means, as of any date of determination, the Supporting Noteholders who collectively hold or control with discretionary authority a majority of the aggregate principal amount of the Senior Notes held or controlled by all of the Supporting Noteholders as of such date.

Required Supporting Noteholders means (a) as long as the Ad Hoc Committee of Secured Notes controls more than 50% of the principal amount of the Prepetition Secured Notes, the Ad Hoc Committee of Secured Notes, and (b) if the Ad Hoc Committee of Secured Notes controls less than 50% of the principal amount of the Prepetition Secured Notes, Supporting Noteholders controlling at least 50.1% of the principal amount of the Prepetition Secured Notes, in the case of each of (a) and (b), as applicable, at the time such action, consent, approval or waiver is solicited.

Examples of Required Supporting Noteholders in a sentence

• The Confirmation Order shall constitute a judicial determination and shall provide that each term and provision of the Plan, as it may have been altered or interpreted in accordance with the foregoing, is: (a) valid and enforceable pursuant to its terms; (b) integral to the Plan and may not be deleted or modified without the consent of the Debtors and Required Supporting Noteholders; and (c) non-severable and mutually dependent.

• The failure of the Debtors or the Required Supporting Noteholders to exercise any of the foregoing rights shall not be deemed a waiver of any other rights, and each such right shall be deemed an ongoing right, which may be asserted at any time.

• A Claim may be amended before the Confirmation Date only as agreed upon by the Debtors (with the consent of the Required Supporting Noteholders) and the holder of such Claim or as otherwise permitted by the Bankruptcy Court, the Bankruptcy Rules, the Local Rules or applicable non-bankruptcy law.

• After the Confirmation Date, but before the Effective Date, the Debtors, with the consent of the Required Supporting Noteholders, may make appropriate technical adjustments and modifications to the Plan, including the Plan Supplement, without further order or approval of the Bankruptcy Court; provided that such adjustments and modifications do not materially and adversely affect the treatment of holders of Claims or Interests.

• This Agreement and the obligations hereunder may be terminated by mutual written consent to terminate this Agreement among: (a) the Company and (b) the Required Supporting Noteholders.

More Definitions of Required Supporting Noteholders

Required Supporting Noteholders means, at any relevant time, the Supporting Creditors holding greater than 50.0% of the outstanding principal amount of the Notes Claims held by the Supporting Creditors; provided that Notes Claims held by the Plan Sponsor may not, in the aggregate, account for more than 45% of the amounts set forth in the calculation of the Required Supporting Noteholders.

Required Supporting Noteholders means collectively, the Required Supporting Second Lien Noteholders, and the Required Supporting HoldCo Noteholders.

Required Supporting Noteholders has the meaning given to it in the Restructuring Support Agreement.

Required Supporting Noteholders means at least two (2) Supporting Noteholders holding, together, at least 50.1% by principal face amount of all Notes held by the Supporting Noteholders.

Required Supporting Noteholders means, as of any date of determination, the Supporting Noteholders who collectively hold or control with discretionary authority a majority of the aggregate principal amount of the Convertible Notes held or controlled by all of the Supporting Noteholders as of such date. “Senior Noteholder RSA” means that certain Restructuring Support Agreement, dated as of the date hereof, as amended, restated, supplemented or otherwise modified from time to time, by and among Emergent and certain beneficial holders, or investment advisors or managers for the account of beneficial holders, of the 8.5% Senior Secured Notes due 2021 (the “Senior Notes”) issued pursuant to that certain Amended and Restated Indenture, dated as of July 28, 2017 (as amended, restated, supplemented or otherwise modified from time to time, the “Senior Notes Indenture”), between Emergent and Wilmington Trust, National Association, as trustee. “Tax Authority” means the Internal Revenue Service and any state, local, or foreign government, agency or instrumentality, charged with the administration of any applicable law relating to Taxes. “Tax” or “Taxes” means (a) all federal, local or foreign taxes, charges, fees, imposts, levies or other assessments, including all income, gross receipts, escheat, capital, sales, use, ad valorem, value added, transfer, franchise, profits, inventory, capital stock, license, withholding, payroll, employment, social security, unemployment, excise, severance, stamp, occupation, property and estimated taxes, customs duties, fees, assessments and charges of any kind whatsoever imposed by a governmental authority; and (b) all interest, penalties, fines, additions to tax or additional amounts imposed by any Tax Authority in connection with any item described in clause (a). 2.

Required Supporting Noteholders means, as of any date of determination, the Supporting Noteholders who collectively hold or control with discretionary authority a majority of the aggregate principal amount of the Senior Notes held or controlled by all of the Supporting Noteholders as of such date. “Tax Authority” means the Internal Revenue Service and any state, local, or foreign government, agency or instrumentality, charged with the administration of any applicable law relating to Taxes. “Tax” or “Taxes” means (a) all federal, local or foreign taxes, charges, fees, imposts, levies or other assessments, including all income, gross receipts, escheat, capital, sales, use, ad valorem, value added, transfer, franchise, profits, inventory, capital stock, license, withholding, payroll, employment, social security, unemployment, excise, severance, stamp, occupation, property and estimated taxes, customs duties, fees, assessments and charges of any kind whatsoever imposed by a governmental authority; and (b) all interest, penalties, fines, additions to tax or additional amounts imposed by any Tax Authority in connection with any item described in clause (a). 2.

Required Supporting Noteholders means holders of at least 50.1% of the aggregate amount of Notes held by the Supporting Noteholder Group.