Common use of Acceleration of Maturity Date; Rescission and Annulment Clause in Contracts

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g) or 6.1(h) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding Notes, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunder, to be due and payable immediately. If an Event of Default specified in Section 6.1(g) or 6.1(h) relating to the Company occurs, all principal, accrued and unpaid interest thereon and all other Obligations thereunder will become immediately due and payable on all outstanding Notes without any other act, declaration or notice on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding Notes, by written notice to the Trustee, may rescind and annul, on behalf of all Holders, any such declaration of acceleration if:

Appears in 10 contracts

Samples: Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co)

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Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in clauses (d) and (f) of Section 6.1(g) or 6.1(h) 6.1, relating to the CompanyCompany only) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Securities then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Priceprincipal, determined as set forth below), including in each case and accrued and unpaid interest thereon and all other Obligations thereunder, to be due and payable immediately; PROVIDED, HOWEVER, that if any Senior Debt is outstanding pursuant to the Credit Agreement, upon a declaration of such acceleration, such principal and interest shall be due and payable upon the earlier of (x) the third Business Day after the sending to the Company and the Senior Debt Representatives of such written notice, unless such Event of Default is cured or waived prior to such date and (y) the date of acceleration of any Senior Debt under the Credit Agreement. If an Event of Default specified in clauses (d) and (f) of Section 6.1(g) or 6.1(h) 6.1, relating to the Company only occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no not less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 3 contracts

Samples: Universal Outdoor Inc, Universal Outdoor Inc, Universal Outdoor Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderLiquidated Damages with respect thereto, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company occurs, all principal, accrued and unpaid interest thereon and all other Obligations thereunder Liquidated Damages with respect thereto will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 2 contracts

Samples: Indenture (Occusystems Inc), Concentra Managed Care Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in Section 6.1(gclause (d) or 6.1(h(e) of Section 6.01 relating to the Company) occurs and is continuingCompany or any Significant Restricted Subsidiary), then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Securities then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case and accrued and unpaid interest thereon and all other Obligations thereunder, to be due and payable immediatelyand the same shall become immediately due and payable. If an Event of Default specified in Section 6.1(gclause (d) or 6.1(h(e) of Section 6.01, relating to the Company or any Significant Restricted Subsidiary, occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI6, the Holders of no less than a majority in aggregate principal amount of then then-outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 2 contracts

Samples: Montgomery Cellular Telephone Co Inc, Price Communications Corp

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in Section 6.1(g6.1(4) or 6.1(hSection 6.1(5) relating to the CompanyCompany or any of its Significant Subsidiaries,) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the Notes then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Priceprincipal, determined as set forth below), including in each case and accrued interest (and unpaid interest Liquidated Damages, if any) thereon and all other Obligations thereunder, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(4) or 6.1(h) Section 6.1(5), relating to the Company or any of its Significant Subsidiaries occurs, all principalprincipal and accrued interest (and Liquidated Damages, accrued and unpaid interest if any) thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the The Holders of no less than a majority in aggregate principal amount of the then outstanding Notes, by written notice to the Trustee, may rescind any acceleration and annulits consequences if the rescission would not conflict with any judgment or decree and if all existing Events of Default, other than the non-payment of the principal of, premium, if any, and interest, if any, on behalf the Notes that have become due solely because of all Holdersthe acceleration, and except a Default with respect to any provision requiring a supermajority approval to amend, which Default may only be waived by such declaration of acceleration if:a supermajority, have been cured or waived as provided in Section 6.12.

Appears in 2 contracts

Samples: Radiologix Inc, Radiologix Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(e) or 6.1(hSection 6.1(f) relating to the CompanyCompany or any of its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding Notes, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase PriceNotes, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the Company or any of its Subsidiaries occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become on the Notes shall be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding Notes, by written notice to the Company and the Trustee, may rescind and annulwaive, on behalf of all Holders, any such declaration of acceleration if:

Appears in 2 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(f), (g) or 6.1(h(h) relating with respect to JCC Holding or the Company) , occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become 90 102 due and payable, either the Trustee or the Holders of not less than 25then 50% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase PriceSecurities, determined as set forth below), including in each case together with accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(f), (g) or 6.1(h(h) relating occurs with respect to JCC Holding or the Company occursCompany, all principalprincipal of, premium applicable to, and accrued and unpaid interest thereon and all other Obligations thereunder will become on, the Securities shall be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no not less than 50% (66 and 2/3% in the case of an Event of Default solely as a majority result of a breach of the obligations set forth in Section 5.24) in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulannul such declaration and its consequences and may waive, on behalf of all Holders, any such declaration an Event of acceleration Default or an event which with notice or lapse of time or both would become an Event of Default if:

Appears in 2 contracts

Samples: Rights Agreement (Jazz Casino Co LLC), Rights Agreement (Jazz Casino Co LLC)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the CompanyCompany or any of its significant Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the Company or any Significant Subsidiary occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI6, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 2 contracts

Samples: Platinum Technology Inc, Platinum Technology Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(4) or 6.1(h(6) relating to the CompanyCompany or any of its Significant Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price Change of Control Payment if the Event of Default includes failure to pay the Repurchase PriceChange of Control Payment), determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(4) or 6.1(h(6) relating to the Company or any Significant Subsidiary occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no not less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 2 contracts

Samples: HMH Properties Inc, HMH Properties Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in clauses (e) and (f) of Section 6.1(g) or 6.1(h) 5.1, relating to either or both of the CompanyIssuers) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Securities then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case and accrued and unpaid interest thereon and all other Obligations thereunder, to be due and payable immediately. If an Event of Default specified in clauses (e) and (f), of Section 6.1(g) or 6.1(h) 5.1, relating to either or both of the Company Issuers occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VIV, the Holders of no not less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Issuers and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 2 contracts

Samples: Financing Agreement (Waterford Gaming LLC), Financing Agreement (Waterford Gaming Finance Corp)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, after five days' prior written notice to Ann B. Kerns (facsimile number 212-200-0000) xx The Chase Manhattan Bank ("Chase") as representative of the several lenders under the Company's revolving credit facility in effect on the date hereof until such time as Chase is not a lender with respect to such facility, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case premium, if any, accrued interest and unpaid interest thereon and all other Obligations thereunderLiquidated Damages on or with respect thereto, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company occurs, all principal, premium, if any, accrued interest and unpaid interest thereon and all other Obligations thereunder Liquidated Damages on or with respect thereto will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Oak Industries Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the CompanyCompany or any of its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderLiquidated Damages with respect thereto, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the Company or any Subsidiary occurs, all principal, accrued and unpaid interest thereon and all other Obligations thereunder Liquidated Damages with respect thereto will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment pay- ment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: United States Filter Corp

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in Section 6.1(g6.1(iv) or 6.1(hSection 6.1(v) relating to the Company) occurs and is continuingCompany or any of its Significant Subsidiaries), then, and then in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the Notes then outstanding Notesoutstanding, by a notice in writing to the Company specifying the respective Event of Default (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Priceprincipal, determined as set forth below), including in each case and accrued interest (and unpaid interest Liquidated Damages, if any) thereon and all other Obligations thereunder, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(iv) or 6.1(hSection 6.1(v) relating to the Company or any of its Significant Subsidiaries occurs, all principalprincipal and accrued interest (and Liquidated Damages, accrued and unpaid interest if any) thereon and all other Obligations thereunder will become shall be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the The Holders of no less than a majority in aggregate principal amount of the then outstanding Notes, by written notice to the Trustee, may rescind any acceleration and annulits consequences if the recission would not conflict with any judgment or decree and if all existing Events of Default, other than the non-payment of the principal of, premium, if any, and interest or Liquidated Damages, if any, on behalf the Notes that have become due solely because of all Holdersthe acceleration, any such declaration of acceleration if:have been cured or waived as provided in Section 6.12.

Appears in 1 contract

Samples: Indenture (Penton Media Inc)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in clauses (e) and (f) of Section 6.1(g) or 6.1(h) 5.1, relating to either or both of the CompanyIssuers) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Securities then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case and accrued and unpaid interest thereon and all other Obligations thereunder, to be due and payable immediately. If an Event of Default specified in clauses (e) and (f), of Section 6.1(g) or 6.1(h) 5.1, relating to either or both of the Company Issuers occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VIV, the Holders of no not less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Issuers and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (Waterford Gaming LLC)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the CompanyCompany or any of its Subsidiaries) occurs and is continuingcontinuing and subject to Section 4.9 hereof, then, and in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than 25% in a majority of aggregate principal amount of Notes then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Change of Control Purchase Price if the Event of Default includes failure to pay the Repurchase Change of Control Purchase Price), determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the Company or any of its Subsidiaries occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become on the Notes shall be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding Notes, by written notice to the Company and the Trustee, may rescind and annulwaive, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Transamerican Refining Corp

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(f), (g) or 6.1(h(h) relating with respect to JCC Holding or the Company) , occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become 102 due and payable, either the Trustee or the Holders of not less than 25then 50% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase PriceSecurities, determined as set forth below), including in each case together with accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(f), (g) or 6.1(h(h) relating occurs with respect to JCC Holding or the Company occursCompany, all principalprincipal of, premium applicable to, and accrued and unpaid interest thereon and all other Obligations thereunder will become on, the Securities shall be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no not less than 50% (66 and 2/3% in the case of an Event of Default solely as a majority result of a breach of the obligations set forth in Section 5.24) in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulannul such declaration and its consequences and may waive, on behalf of all Holders, any such declaration an Event of acceleration Default or an event which with notice or lapse of time or both would become an Event of Default if:

Appears in 1 contract

Samples: Rights Agreement (JCC Holding Co)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case premium, if any, accrued interest and unpaid interest thereon and all other Obligations thereunderLiquidated Damages on or with respect thereto, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company occurs, all principal, premium, if any, accrued interest and unpaid interest thereon and all other Obligations thereunder Liquidated Damages on or with respect thereto will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Halter Marine Group Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g) or 6.1(h) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding Notes, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued and unpaid interest thereon thereon, Liquidated Damages, if any, and all other Obligations thereunder, to be due and payable immediately. If an Event of Default specified in Section 6.1(g) or 6.1(h) relating to the Company occurs, all principal, accrued and unpaid interest thereon thereon, and Liquidated Damages, if any, and all other Obligations thereunder will become immediately due and payable on all outstanding Notes without any other act, declaration or notice on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding Notes, by written notice to the Trustee, may rescind and annul, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Tia Indenture (Mmi Products Inc)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the CompanyCompany or any of its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the Company or any Significant Subsidiary occurs, all principal, accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: United States Filter Corp

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderLiquidated Damages with respect thereto, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company occurs, all principal, accrued and unpaid interest thereon and all other Obligations thereunder Liquidated Damages with respect thereto will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Tower Automotive Inc

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Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the CompanyCompany or any of its Restricted Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Change of Control Purchase Price if the Event of Default includes failure to pay the Repurchase Change of Control Purchase Price), determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the Company or any Significant Restricted Subsidiary occurs, all principalprincipal (or the Change of Control Purchase Price, as applicable) and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Pricellular Wireless Corp

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderLiquidated Damages, if any, with respect thereto, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company occurs, all principal, accrued and unpaid interest thereon and all other Obligations thereunder Liquidated Damages, if any, with respect thereto will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (Smartalk Teleservices Inc)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the CompanyCompany or any of its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued interest and unpaid interest thereon and all other Obligations thereunderLiquidated Damages, if any, thereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(6) or 6.1(h(7) relating to the Company or any Significant Subsidiary occurs, all principal, of the principal of all outstanding Securities and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Tia Indenture (Petsmart Inc)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the CompanyCompany or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Change of Control Purchase Price if the Event of Default includes failure to pay the Repurchase Change of Control Purchase Price), determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the Company or its Subsidiaries occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become on the Securities shall be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulwaive, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (Transtexas Gas Corp)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in Section 6.1(g6.1 (g) or 6.1(h(h)) relating to the Company) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the Securities then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Priceof, determined as set forth below), including in each case and accrued and unpaid interest thereon on, and accrued and unpaid Liquidated Damages, if any, with respect to, all other Obligations thereunder, of the outstanding Securities to be due and payable immediately, and upon such declaration all such amounts shall be and become immediately due and payable. If an Event of Default specified in Section 6.1(g6.1 (g) or 6.1(h(h) relating to the Company occurs, all principalthen the principal of, and accrued and unpaid interest thereon on, and accrued and unpaid Liquidated Damages, if any, with respect to, all other Obligations thereunder will of the outstanding Securities shall ipso facto become and be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of Trustee or any of the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than at least a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration and its consequences if:

Appears in 1 contract

Samples: Quality Food Centers Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the CompanyCompany or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount Value of then outstanding Notes, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Change of Control Purchase Price if the Event of Default includes failure to pay the Repurchase Change of Control Purchase Price), determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the Company or its Subsidiaries occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become on the Notes shall be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount Value of then outstanding Notes, by written notice to the Company and the Trustee, may rescind and annulwaive, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (Transamerican Refining Corp)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g) or 6.1(h6.1(4) relating to the CompanyCompany or any of its Significant Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price Change of Control Payment if the Event of Default includes failure to pay the Repurchase PriceChange of Control Payment), determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g) or 6.1(h6.1(4) relating to the Company or any Significant Subsidiary occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no not less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: HMH Properties Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in clauses (e) and (f) of Section 6.1(g) or 6.1(h) 5.1, relating to either or both of the CompanyIssuers) occurs and is continuing, then, and then in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Securities then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price and accrued interest and Liquidated Damages, if the Event of Default includes failure to pay the Repurchase Priceany, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunder, to be due and payable immediately. If an Event of Default specified in clauses (e) and (f), of Section 6.1(g) or 6.1(h) 5.1, relating to either or both of the Company Issuers occurs, all principalprincipal and accrued interest and Liquidated Damages, accrued and unpaid interest if any, thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VIV, the Holders of no not less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Issuers and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (Waterford Gaming LLC)

Acceleration of Maturity Date; Rescission and Annulment. (a) If Subject to Section 11.2(c), if an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(h) or 6.1(h(i) relating to the CompanyCompany or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Debentures shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Debentures then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase PriceDebentures, determined as set forth below), including in each case accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(h) or 6.1(h(i) relating to the Company or its Subsidiaries occurs, all principalprincipal of, premium, if any, and accrued and unpaid interest thereon and all other Obligations thereunder will become on the Debentures shall be immediately due and payable on all outstanding Notes Debentures without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of or acceleration has been is made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of the Debentures then outstanding Notesoutstanding, by written notice to the Company and the Trustee, may waive, rescind and annul, annul on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Mercury Air Group Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the CompanyCompany or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount Value of then outstanding Notes, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Change of Control Purchase Price if the Event of Default includes failure to pay the Repurchase Change of Control Purchase Price), determined as set forth below), including in each case accrued and unpaid 51 58 interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(e) or 6.1(h(f) relating to the Company or its Subsidiaries occurs, all principal, principal and accrued and unpaid interest thereon and all other Obligations thereunder will become on the Notes shall be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount Value of then outstanding Notes, by written notice to the Company and the Trustee, may rescind and annulwaive, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Transamerican Refining Corp

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in Section 6.1(g6.1 (iv) or 6.1(hsection 6.1 (v) above relating to the Company) occurs and is continuingCompany or any of its Significant Subsidiaries), then, and then in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the Notes then outstanding Notesoutstanding, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Priceprincipal, determined as set forth below), including in each case and accrued interest (and unpaid interest Liquidated Damages, if any) thereon and all other Obligations thereunder, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1 (iv) or 6.1(hSection 6.1 (v) above, relating to the Company or any of its Significant Subsidiaries occurs, all principalprincipal and accrued interest (and Liquidated Damages, accrued and unpaid interest if any) thereon and all other Obligations thereunder will become shall be immediately due and payable on all outstanding Notes without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no not less than a majority in aggregate principal amount of then outstanding Notes, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: NPR Inc

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g7.1(5) or 6.1(h) relating to the Company(6)) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than then 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company and Group (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price and premium, if the Event of Default includes failure to pay the Repurchase Priceapplicable), determined as set forth below), including in each case together with accrued and unpaid interest thereon and all other Obligations thereunderthereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g7.1(5) or 6.1(h(6) relating to the Company occurs, all principalprincipal of, premium applicable to, and accrued and unpaid interest thereon and all other Obligations thereunder will become on, the Securities shall be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of the Trustee or the Holders. At any time after such a declaration of acceleration has been being made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VISeven, the Holders of no less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulwaive, on behalf of all Holders, any such declaration an Event of acceleration Default or an event which with notice or lapse of time or both would become an Event of Default if:

Appears in 1 contract

Samples: Indenture (Elsinore Corp)

Acceleration of Maturity Date; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of then outstanding NotesSecurities, by a notice in writing to the Company (and to the Trustee if given by such Holders) (an "Acceleration Notice"), may declare all of the principal of the Notes Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, determined as set forth below), including in each case accrued interest and unpaid interest thereon and all other Obligations thereunderany Liquidated Damages thereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(g6.1(5) or 6.1(h(6) relating to the Company occurs, all principal, accrued and unpaid interest amounts due thereon and all other Obligations thereunder will become be immediately due and payable on all outstanding Notes Securities without any other act, declaration or notice other act on the part of Trustee or the Holders. At any time after such a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Holders of no not less than a majority in aggregate principal amount of then outstanding NotesSecurities, by written notice to the Company and the Trustee, may rescind and annulrescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Execution Copy (Getty Images Inc)

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