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

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 6.1(3) or (4) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the 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 Securities, by a notice in writing to the Company (and to the Trustee if given by Holders) (an “Acceleration Notice”), may declare all of the principal of the Securities to be due and payable immediately. If an Event of Default specified in Section 6.1(3) or (4) relating to the Company occurs, all amounts due thereon will be immediately due and payable on all outstanding Securities without any declaration or 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 not less than a majority in aggregate principal amount of then outstanding Securities, by written notice to the Company and the Trustee, may rescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 2 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al)

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Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default occurs and is continuing (other than an Event of Default specified in Section 6.1(36.01(d) or (4e) of this Article Six, relating to the Company) occurs and is continuing, then, and then in every each such case, unless the principal of all of the Securities Notes shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Notes then outstanding Securitiesoutstanding, by a notice in writing to the Company (and to the Trustee if given by the Holders) (an "Acceleration Notice"), may declare all principal, determined as set forth below, including in each case accrued interest thereon, or, as appropriate, the Change of Control Purchase Price (solely with respect to a Default relating to the payment of the principal Change of the Securities Control Purchase Price), to be due and payable immediately. If an Event of Default specified in Section 6.1(36.01(d) or (4e) occurs relating to the Company occursCompany, all amounts due principal and accrued and unpaid interest thereon will be immediately due and payable on all outstanding Securities Notes without any declaration or other act on the part of the Trustee or the Holders. At any time after such a declaration of 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 VISix, the Holders of not less than a majority in aggregate principal amount of then outstanding SecuritiesNotes, by written notice to the Company and the Trustee, may rescindwaive, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (MDC Holdings Inc)

Acceleration of Maturity Date; Rescission and Annulment. If Subject to Section 11.2(c), if an Event of Default (other than an Event of Default specified in Section 6.1(36.1(h) or (4i) relating to the CompanyCompany or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Securities 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 Securitiesoutstanding, by a notice in writing to the Company (and to the Trustee if given by Holders) (an "Acceleration Notice"), may declare all of the principal of the Securities Debentures, determined as set forth below, including in each case accrued interest thereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(36.1(h) or (4i) relating to the Company or its Subsidiaries occurs, all amounts due thereon will principal of, premium, if any, and accrued and unpaid interest on the Debentures shall be immediately due and payable on all outstanding Securities Debentures without any declaration or other act on the part of the Trustee or the Holders. At any time after such a declaration of 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 not less than a majority in aggregate principal amount of the Debentures then outstanding Securitiesoutstanding, by written notice to the Company and the Trustee, may rescindwaive, rescind and annul on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Healthcare Realty Trust Inc

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 6.1(36.1(6) or (47) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the 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 Securities, by a notice in writing to the Company (and to the Trustee if given by Holders) (an "Acceleration Notice"), may declare all of the principal of the 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 thereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(36.1(6) or (47) relating to the Company occurs, all amounts due principal and accrued interest (including Additional Amounts, if any, or accrued Additional Interest, if any) thereon will be immediately due and payable on all outstanding Securities without any declaration or 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 not no less than a majority in aggregate principal amount of then outstanding Securities, by written notice to the Company and the Trustee, may rescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Platinum Technology Inc

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 6.1(36.1(4) or (45) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the 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 Securities, by a notice in writing to the Company (and to the Trustee if given by Holders) (an "Acceleration Notice"), may declare all of the principal of the Securities Securities, including in each case accrued interest thereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(36.1(4) or (45) relating to the Company occurs, all amounts due thereon will be immediately due and payable on all outstanding Securities without any declaration or 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 not less than a majority in aggregate principal amount of then outstanding Securities, by written notice to the Company and the Trustee, may rescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (Mueller Industries Inc)

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 6.1(36.1(4) or (45) relating to the Company) occurs and is continuing, then, and in every such case, unless the principal of all of the 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 Securities, by a notice in writing to the Company (and to the Trustee if given by Holders) (an "Acceleration Notice"), may declare all of the principal of the Securities Securities, including in each case accrued interest thereon, to be due and payable immediately. If an Event of Default specified in Section 6.1(36.1(5) or (46) relating to the Company occurs, all amounts due thereon will be immediately due and payable on all outstanding Securities without any declaration or 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 not less than a majority in aggregate principal amount of then outstanding Securities, by written notice to the Company and the Trustee, may rescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (Mueller Industries Inc)

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Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 6.1(36.1(6) or (47) relating to the Company) occurs and is continuing, then, and then in every such case, unless the principal of all of the 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 Securities, by a notice in writing to the Company (and to the Trustee if given by Holders) (an "Acceleration Notice"), may declare all of the principal of the 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, and accrued interest to be due and payable immediately. If an Event of Default specified in Section 6.1(36.1(6) or (47) relating to the Company occurs, all amounts due thereon principal, premium, if any, and accrued interest will be immediately due and payable on all outstanding Securities without any declaration or 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 not no less than a majority in aggregate principal amount of then outstanding Securities, by written notice to the Company and the Trustee, may rescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: May & Speh Inc

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default occurs and is continuing (other than an Event of Default specified in Section 6.1(36.01(d) or (4) e)of this Article Six, relating to the Company) occurs and is continuing, then, and then in every each such case, unless the principal of all of the Securities Notes shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Notes then outstanding Securitiesoutstanding, by a notice in writing to the Company (and to the Trustee if given by the Holders) (an "Acceleration Notice"), may declare all principal, determined as set forth below, including in each case accrued interest thereon, or, as appropriate, the Change of Control Purchase Price (solely with respect to a Default relating to the payment of the principal Change of the Securities Control Purchase Price), to be due and payable immediately. If an Event of Default specified in Section 6.1(36.01(d) or (4e) occurs relating to the Company occursCompany, all amounts due principal and accrued and unpaid interest thereon will be immediately due and payable on all outstanding Securities Notes without any declaration or other act on the part of the Trustee or the Holders. At any time after such a declaration of 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 VISix, the Holders of not less than a majority in aggregate principal amount of then outstanding SecuritiesNotes, by written notice to the Company and the Trustee, may rescindwaive, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Indenture (MDC Holdings Inc)

Acceleration of Maturity Date; Rescission and Annulment. 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(3) or (4) 6.1, above, relating to the CompanyCompany or any Significant Subsidiary) occurs and is continuing, then, and then in every such case, unless the principal of all of the 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 Securitiesoutstanding, by a notice in writing to the Company (and to the Trustee if given by Holders) (an "Acceleration Notice"), may declare all of the principal of the Securities and accrued interest thereon to be due and payable immediately. If an Event of Default specified in clauses (d) and (f) of Section 6.1(3) or (4) 6.1, above, relating to the Company or any Significant Subsidiary occurs, all amounts due principal and accrued interest thereon will be immediately due and payable on all outstanding Securities without any declaration or 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 not less than a majority in aggregate principal amount of then outstanding Securities, by written notice to the Company and the Trustee, may rescind, on behalf of all Holders, any such declaration of acceleration if:

Appears in 1 contract

Samples: Community Distributors Inc

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