Common use of Waiver of Defaults and Events of Default Clause in Contracts

Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequence, except a default or Event of Default in the payment of the principal of, premium, if any, or interest on any Security, a failure by the Company to convert any Securities into Applicable Stock in accordance with the provisions of the Note and this Indenture or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.

Appears in 2 contracts

Samples: Indenture (Symantec Corp), Indenture (Veritas Software Corp /De/)

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Waiver of Defaults and Events of Default. Subject to Sections 8.7 8.02, 8.07 and 11.211.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default Default or Event of Default and its consequenceconsequences, except a default an uncured Default or Event of Default in the payment of the principal of, premium, if any, or any accrued but unpaid interest on any Security, a an uncured failure by the Company to convert any Securities into Applicable Common Stock in accordance with the provisions of the Note and this Indenture or any default Default or Event of Default in respect of any provision of this Indenture Indenture, the Guarantee or the Securities which, under Section 11.211.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.

Appears in 2 contracts

Samples: Indenture (AbitibiBowater Inc.), Indenture (Bowater Inc)

Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding of a series by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequence with respect to such series, except a default or Event of Default in the payment of the principal of, premium, if any, or interest or Additional Interest, if any, on any SecuritySecurity when due, a failure by the Company Obligors to convert any Securities into Applicable Common Stock in accordance with the provisions of the Note and this Indenture or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.

Appears in 2 contracts

Samples: Valeant Pharmaceuticals International, Inc., Valeant Pharmaceuticals International

Waiver of Defaults and Events of Default. Subject to Sections 8.7 8.07 and 11.211.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequence, except a default or Event of Default in the payment of the principal of, premium, if any, or interest (including contingent interest, if any) on any Security, a failure by the Company to convert any Securities into Applicable cash or, if applicable, shares of Common Stock in accordance with the provisions of the Note and this Indenture or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.211.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.

Appears in 2 contracts

Samples: Integra Lifesciences Holdings Corp, Integra Lifesciences Holdings Corp

Waiver of Defaults and Events of Default. Subject to Sections 8.7 8.07 and 11.211.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequence, except a default or Event of Default in the payment of the principal of, premium, if any, or interest (including Additional Interest), if any, on any Security, a failure by the Company to convert any Securities into Applicable Common Stock in accordance with the provisions of the Note and this Indenture or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.211.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.

Appears in 2 contracts

Samples: Indenture (Ask Jeeves Inc), Iac/Interactivecorp

Waiver of Defaults and Events of Default. Subject to Sections 8.7 Section 9.07 and 11.212.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequence, except a default or Event of Default in the payment of the principal of, or premium, if any, or interest on on, any Security, a failure by the Company to convert any Securities into Applicable Stock in accordance with the provisions Cash or shares of the Note and this Indenture Common Stock, if any, or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.212.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.

Appears in 1 contract

Samples: Polymedica Corp

Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequence, except a default or Event of Default in the payment of the principal of, premium, if any, or interest on any Security, a failure by the Company to convert any Securities into Applicable Common Stock in accordance with the provisions of the Note Securities and this Indenture or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.

Appears in 1 contract

Samples: Cubist Pharmaceuticals Inc

Waiver of Defaults and Events of Default. Subject to Sections 8.7 8.07 and 11.211.02, the Holders of a majority in aggregate principal amount Principal Amount at Maturity of the Securities then outstanding by notice to the Trustee may waive an existing default Default or Event of Default and its consequenceconsequences, except a default Default or Event of Default in the payment of the principal of, premium, if any, or any accrued but unpaid interest on any Security, a failure by the Company to convert any Securities into Applicable Common Stock in accordance with the provisions of the Note and this Indenture or any default Default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.211.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default Default or Event of Default is waived, it is cured and ceases.

Appears in 1 contract

Samples: Indenture (Thoratec Corp)

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Waiver of Defaults and Events of Default. Subject to Sections 8.7 7.7 and 11.210.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default Default or Event of Default and its consequenceconsequences, except a default an uncured Default or Event of Default in the payment of the principal of, premium, if any, or any accrued but unpaid interest on any Security, a an uncured failure by the Company to convert any Securities into Applicable Stock in accordance with the provisions of the Note and this Indenture Shares or any default Default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.210.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default Default or Event of Default is waived, it is cured and ceases.

Appears in 1 contract

Samples: Indenture (ACE Aviation Holdings Inc.)

Waiver of Defaults and Events of Default. Subject to Sections 8.7 Section 7.08 and 11.2Section 10.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by written notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment with respect to (a) nonpayment of the principal of, premiumof and accrued and unpaid interest, if any, or interest on any Security, (b) a failure by the Company to convert any Securities into Applicable Stock pay or deliver the consideration due upon conversion in accordance with the provisions of the Note Securities and this Indenture or Indenture, (c) any default or Event of Default in respect of any provision of this Indenture or the Securities whichthat, under Section 11.210.02, cannot be modified or amended without the consent of each affected Holder or (d) a failure by the Holder Company to make any repurchase of each Security affectedSecurities when required by this Indenture. When a default or Event of Default is waived, it is cured and ceases.

Appears in 1 contract

Samples: Ezcorp Inc

Waiver of Defaults and Events of Default. Subject to Sections 8.7 7.07 and 11.210.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default Default or Event of Default and its consequenceconsequences, except a default or Event of Default in if the payment of Company fails to pay the principal of, premium, if any, or interest any accrued but unpaid interest, including Contingent Interest, on any Security, a failure by the Company fails to convert any Securities into Applicable Stock in accordance with the provisions of the Note and this Indenture cash or, if applicable, Common Stock, or any default Default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.210.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.

Appears in 1 contract

Samples: American Medical Systems Holdings Inc

Waiver of Defaults and Events of Default. Subject to Sections 8.7 7.07 and 11.210.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default Default or Event of Default and its consequenceconsequences, except a default an uncured Default or Event of Default in the payment of the principal of, premium, if any, or any accrued but unpaid interest on any Security, a an uncured failure by the Company to convert any Securities into Applicable Common Stock in accordance with the provisions of the Note and this Indenture or any default Default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.210.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default Default or Event of Default is waived, it is cured and ceases.

Appears in 1 contract

Samples: Indenture (Pinnacle Airlines Corp)

Waiver of Defaults and Events of Default. Subject to Sections Section 8.7 and Section 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal ofor premium (including Redemption Price, premiumif any, or Change in Control Purchase Price, if any), if any, or interest on any Security, a failure by the Company to convert any Securities into Applicable Common Stock in accordance with the provisions of the Note and this Indenture or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waivedwaived in accordance with the provisions of this Indenture, it is cured and ceases.

Appears in 1 contract

Samples: Cypress Semiconductor Corp /De/

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