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 as specified in clauses (f) and (g) of Section 7.1) occurs and is continuing, then in every such case, unless the principal of all the Securities shall have already become due and payable, either the Trustee or the Holders of at least 25% of the principal amount of the Securities then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by such Holders) (an "Acceleration Notice"), may, and the Trustee at the request of such Holders shall, declare all unpaid principal of, premium, if any, and accrued interest (and Liquidated Damages, if any) on all Securities to be due and payable and thereupon the Trustee may, at its discretion, proceed to protect and enforce the rights of the Holders of the Securities by appropriate judicial proceeding. If an Event of Default specified in clause (f) or (g) occurs and is continuing, then the principal of all Securities shall ipso facto become and be immediately due and payable without any declaration or other act of the Trustee or any Holder. After a declaration of acceleration, but before a judgment or decree for payment of the money due has been obtained by the Trustee, the Holders of a majority in aggregate principal amount of Securities outstanding, by written notice to the Issuers and the Trustee, may annul such declaration if:

Appears in 2 contracts

Samples: Indenture (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii Inc)

AutoNDA by SimpleDocs

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than as an Event of Default specified in clauses Section 6.01(v) or (f) and (g) of Section 7.1vi)) occurs and is continuing, then 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 at least not less than 25% of the in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written a notice in writing to the Issuers Company (and to the Trustee if such notice is given by such Holders) (an "Acceleration Notice"), may, and the Trustee at the request of such Holders shall, may declare all unpaid of the principal of, of the Securities (and premium, if anyapplicable) determined as set forth below, and together with accrued interest (and Liquidated Damagesthereon, if any) on all Securities to be due and payable and thereupon the Trustee may, at its discretion, proceed to protect and enforce the rights of the Holders of the Securities by appropriate judicial proceedingimmediately. If an Event of Default specified in clause (fSection 6.01(v) or (gvi) occurs occurs, all principal of, premium applicable to, and is continuingaccrued interest on, then the principal of all Securities shall ipso facto become and be immediately due and payable on all outstanding Securities without any declaration or other act on the part of the Trustee or the Holders. At any Holder. After time after such a declaration of acceleration, but acceleration being made and before a judgment or decree for payment of the money due has been obtained by the TrusteeTrustee as hereinafter provided in this Article Six, the Holders of not less than a majority in aggregate principal amount of Securities outstandingthen outstanding Securities, by written notice to the Issuers Company and the Trustee, may annul such declaration waive, on behalf of all Holders, an Event of 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: Tia Indenture (Jefferies Group Inc)

AutoNDA by SimpleDocs

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than as an Event of Default specified in clauses Section 6.1(8) or (f9) and (g) with respect to the Company, any Guarantor or any Subsidiary of Section 7.1the Company) occurs and is continuing, then in every such case, unless the principal of all the Securities shall have already become due and payable, either the Trustee or the Holders of at least 25% of the in aggregate principal amount of the outstanding Securities then outstandingmay declare the Securities due and payable immediately at their principal amount together with accrued and unpaid interest, by written notice if any, to the Issuers date the Securities become due and payable by a notice in writing to the Company (and to the Trustee if such notice is given by such Holders) (an "Acceleration Notice")) and upon any such declaration, may, such principal and the Trustee at the request of such Holders shall, declare all unpaid principal of, premium, if any, and accrued interest (and Liquidated Damages, if any) on all Securities to be shall become due and payable and thereupon the Trustee may, at its discretion, proceed to protect and enforce the rights of the Holders of the Securities by appropriate judicial proceedingpayable. If an Event of Default specified in clause (fSection 6.1(8) or (g9) occurs with respect to the Company or any Material Subsidiary of the Company and is continuing, then all the Securities shall become immediately due and payable, in an amount equal to the principal amount of all the Securities, together with accrued and unpaid interest, if any, to the date the Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration, but before a judgment or decree for payment of the money due has been obtained by the TrusteeTrustee as hereinafter in this Article Six provided, the Holders of a majority in aggregate principal amount of Securities outstanding, by written notice to the Issuers Company and the Trustee, may annul rescind such declaration if:

Appears in 1 contract

Samples: Indenture (Us Foodservice/Md/)

Time is Money Join Law Insider Premium to draft better contracts faster.