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

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 10 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Jaguar Resources LLC)

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Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(55.01(4) or 5.01(6Section 5.01(5)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(55.01(4) or Section 5.01(65.01(5) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 8 contracts

Samples: Indenture (Usf Glen Moore Inc.), Indenture (Enflex Corp), Indenture (Enflex Corp)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 8 contracts

Samples: Indenture (SN Cotulla Assets, LLC), Indenture (SN Cotulla Assets, LLC), Indenture (Laredo Midstream Services, LLC)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6(6) with respect to Securities of that series at the time Outstanding Company occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 7 contracts

Samples: Indenture (KKR & Co. L.P.), Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company Issuers and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the CompanyIssuers, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 7 contracts

Samples: Indenture (Genesis Free State Holdings, LLC), Indenture (Western Gas Partners LP), Indenture (Genesis Energy Lp)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5) or Section 5.01(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 6 contracts

Samples: Indenture (Ruth's Chris Steak House Texas, L.P.), Indenture (Horsehead Corp), Indenture (Horsehead Corp)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5clause (5), (6) or 5.01(6)(7) of Section 501) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of, and premium, if any, on all of all the Securities of that series (orsuch series, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, or such lesser amount as may be specified by provided for in the terms thereof) Securities of such series, and accrued and unpaid interest, if any, thereon to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or specified such lesser amount), together with any as the case may be, and such accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (5), (6) or (7) of Section 5.01(6) 501 with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that any series (oroccurs, in then the case of any Security of that series which specifies an amount to be due principal of, and payable thereon upon acceleration premium, if any, on all of the Maturity thereofSecurities of such series, or such lesser amount as may be specified by provided for in the terms thereof)Securities of such series, together with any and accrued and unpaid interest thereoninterest, if any, thereon shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableHolder of the Securities of such series. Except as may otherwise be provided pursuant to Section 3.01 for all or At any specific time after Securities of any series, at any time after such a series have been accelerated by declaration of acceleration with respect to Securities of that series has been made the Trustee or the Holders and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 6 contracts

Samples: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time outstanding occurs and is continuing (other than an Event of Default specified referred to in Section 5.01(55.1(5) or 5.01(6(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series may declare the principal amount (or, if any Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(5) or Section 5.01(6(6) with respect to Securities of that series at the time Outstanding occursshall occur, the principal amount (or specified amount) of and accrued and unpaid interest, if any, on all the outstanding Securities of that series (or, in the case of any Security of that series which specifies an amount to shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences ifif all Events of Default with respect to Securities of that series, other than the non-payment of the principal and interest, if any, of Securities of that series which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 5.13. No such rescission shall affect any subsequent Default or impair any right consequent thereon.

Appears in 6 contracts

Samples: Indenture (Tsakos Energy Navigation LTD), Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (International Seaways, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5Sections 5.1(5) or 5.01(6and 5.1(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5Sections 5.1(5) or Section 5.01(6and 5.1(6) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the (or, if any Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with ) and any accrued and unpaid interest thereon, of all the Securities of that series shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 5 contracts

Samples: Indenture (AbbVie Inc.), Indenture (Abbott Laboratories), Indenture (Abbott Laboratories)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5clause (5), (6) or 5.01(6)(7) of Section 501) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of, and premium, if any, on all of all the Securities of that series (orsuch series, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, or such lesser amount as may be specified by provided for in the terms thereof) Securities of such series, and accrued and unpaid interest, if any, thereon to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Operating Partnership (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or specified such lesser amount), together with any as the case may be, and such accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (5), (6) or (7) of Section 5.01(6) 501 with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that any series (oroccurs, in then the case of any Security of that series which specifies an amount to be due principal of, and payable thereon upon acceleration premium, if any, on all of the Maturity thereofSecurities of such series, or such lesser amount as may be specified by provided for in the terms thereof)Securities of such series, together with any and accrued and unpaid interest thereoninterest, if any, thereon shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableHolder of the Securities of such series. Except as may otherwise be provided pursuant to Section 3.01 for all or At any specific time after Securities of any series, at any time after such a series have been accelerated by declaration of acceleration with respect to Securities of that series has been made the Trustee or the Holders and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the CompanyOperating Partnership, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 5 contracts

Samples: Indenture (Brixmor Operating Partnership LP), Dupont Fabros (Rhino Equity LLC), Indenture (Dupont Fabros Technology, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if (a) If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5clause (5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding Section 7.1) occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may may, and, subject to Section 8.3(e) of this Indenture, the Trustee at the request of such Holders shall, declare the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) of, and accrued and unpaid interest on, all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (5) or (6) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 7.1 occurs, the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof)) of, together with any and accrued and unpaid interest thereonon, all of the Outstanding Securities of that series shall automatically, be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities Holder of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities Security of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if.

Appears in 5 contracts

Samples: Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.), Indenture (Tiptree Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise If any Event of Default described in Section 5.01 above (other than Event of Default described in Sections 5.01(e) and 5.01(f)) shall have occurred and be provided pursuant continuing with respect to Section 3.01 for all or any specific Securities of any series, if an Event then and in each and every such case, unless the principal of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to all the Securities of that such series at the time Outstanding occurs shall have already become due and is continuingpayable, then in every such case either the Trustee or the Holders of not less than 25% (or such other percentage provided for in accordance with Section 3.01) in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediatelythen Outstanding hereunder, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), may declare the principal amount (or, if the Securities of such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of such series and any and all accrued interest thereon to be due and payable immediately, and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, the same shall become and shall be immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all , any provision of this Indenture or any specific the Securities of any series, if such series to the contrary notwithstanding. If an Event of Default specified in Section 5.01(5Sections 5.01(e) or Section 5.01(65.01(f) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of and any Security of that series which specifies an amount to and all accrued interest thereon shall immediately become and be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part party of the Trustee or any Holder. No declaration of acceleration by the Trustee with respect to any series of Securities shall constitute a declaration of acceleration by the Trustee with respect to any other series of Securities, become immediately due and payable. Except as may otherwise be no declaration of acceleration by the Holders of at least 25% (or such other percentage provided pursuant to for in accordance with Section 3.01 for all or any specific 3.01) in aggregate principal amount of the Outstanding Securities of any series shall constitute a declaration of acceleration or other action by any of the Holders of any other series of Securities, in each case whether or not the Event of Default on which such declaration is based shall have occurred and be continuing with respect to more than one series of Securities, and whether or not any Holders of the Securities of any such affected series shall also be Holders of Securities of any other such affected series, at . At any time after such a declaration of acceleration has been made with respect to the Securities of that any series 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 provided5, the Holders of not less than a majority (or such other percentage provided for in accordance with Section 3.01) in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences ifif all Events of Default with respect to such series of Securities, other than the nonpayment of the principal of the Securities of such series which have become due solely by such acceleration, have been cured or waived as provided in Section 5.13, if such cure or waiver does not conflict with any judgment or decree set forth in Sections 5.01(e) and 5.01(f) and if all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel have been paid. No such rescission shall affect any subsequent default or impair any right consequent thereon.

Appears in 5 contracts

Samples: Xylem Inc., Itt Corp, Xylem Inc.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or set forth in any specific Securities of any seriessupplemental indenture, if an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% a majority in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuer (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(4) or Section 5.01(65.1(5) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuer and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 5 contracts

Samples: Tortoise North American Energy Corp, Tortoise Energy Capital Corp, Tortoise Energy Infrastructure Corp

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 4 contracts

Samples: Indenture (SEP Holdings III, LLC), Indenture (Rosetta Resources Offshore, LLC), Indenture (Vitamin Shoppe, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company [if applicable, insert – and any Guarantor of the Securities of that series series] (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, [if applicable, insert – any Guarantor of the Securities of that series series] and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 4 contracts

Samples: Indenture (Beta Operating Company, LLC), Indenture (Beta Operating Company, LLC), EP Energy LLC

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to the Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(55.1(d) or 5.01(6(e)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then then, and in each and every case, unless the principal of all of the Securities of such case series shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediatelyseries, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuers (and to the Trustee if given by such Holders), may declare the entire principal of all Securities of such series, or such lesser amount as may be provided for in the Securities of such series, and the interest accrued thereon to be due and payable immediately, and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, the same shall become immediately due and payablepayable immediately. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(d) or Section 5.01(6(e) with respect to Securities of that series at the time Outstanding occursoccurs and is continuing, then, and in each and every such case, unless the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be shall have already become due and payable thereon upon acceleration payable, the entire principal of all the Maturity thereofOutstanding Securities, or such lesser amount as may be specified by provided for in the terms thereof), together with Securities of any accrued and unpaid interest thereon, shall automaticallyseries, and interest accrued thereon shall automatically become due and payable immediately without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration (other than resulting from an Event of Default specified in Section 5.1(d) or (e)) with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuers and the Trustee, may waive all defaults with respect to such series and rescind and annul such declaration and its consequences if:

Appears in 4 contracts

Samples: Sabra Health (Sabra Mecosta LLC), Indenture (Renee Avenue Health Holdings LLC), CareTrust REIT, Inc.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6(6) with respect to Securities of that series at the time Outstanding Company occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 4 contracts

Samples: Indenture (Blue Owl Capital Inc.), Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.1(4) or 5.01(65.1(5)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of that series to be due and payable immediately, by a notice in writing to the Corporation (and to the Trustee if given by Holders), provided that, in the case of the Securities of a series issued to an Issuer Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that such series may fail to declare the principal amount of all the Outstanding Securities of that such series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be or specified by the terms portion thereof) to be immediately due and payable immediatelypayable, the holders of at least 25% in aggregate Liquidation Amount (as defined in the related Trust Agreement) of the related series of Capital Securities issued by such Issuer Trust then outstanding shall have the right to make such declaration by a notice in writing to the Company Corporation and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), Trustee; and upon any such declaration such principal amount (or specified amount), together with portion thereof) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(4) or Section 5.01(65.1(5) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in if the case Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with of that series) and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except Payment of principal (and premium, if any) and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article XIII notwithstanding that such amount shall become immediately due and payable as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at herein provided. At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Corporation and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 4 contracts

Samples: Indenture (Centura Banks Inc), Trust Agreement (DPL Inc), First Hawaiian Capital I

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding occurs and is continuing (other than an Event of Default specified in Section 5.01(5clause (6) or 5.01(6)(7) of Section 501 that occurs with respect to Securities of that series at the time Outstanding occurs and is continuingCompany), then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if any Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal as may be specified in the terms thereof), and premium (if any) and accrued interest on, the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Company, (and to the Trustee if given by the Holders), and upon any such declaration such principal amount principal, premium (if any), and accrued interest or specified amount), together with any accrued and unpaid interest thereon, portion thereof shall become immediately due and payable. Except as may otherwise In the event of a declaration of acceleration because an Event of Default set forth in clause (5) of Section 501 has occurred and is continuing, such declaration of acceleration shall be provided automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to Section 3.01 for all clause (5) along with any other events of default that have been triggered by the Event of Default (whether or any specific Securities not a notice or declaration of any series, if acceleration shall have been given by the holders of the relevant indebtedness) shall be remedied or cured by the Company and/or the relevant Subsidiary or waived by the holders of the relevant indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event of Default specified in Section 5.01(5clause (6) or (7) of Section 5.01(6) 501 occurs with respect to Securities of that series at the time Outstanding occursCompany, the principal amount of all (or specified portion thereof), premium, if any, and accrued interest on the Securities of that all series (or, in the case of any Security of that series which specifies an amount to then outstanding shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 4 contracts

Samples: Senior Indenture (Liberty Property Limited Partnership), Colonial Realty Limited Partnership, Liberty Property Limited Partnership

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to the Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 2551% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuers (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuers and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 3 contracts

Samples: Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series (other than an Event of Default specified in Section 5.01(5clause (5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding Section 5.1) occurs and is continuing, then in every such case the Trustee by notice in writing to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor the Trustee, may declare the unpaid principal of and accrued interest to the date of acceleration (or, if the Securities of that series (are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) on all the Outstanding Securities of that series to be due and to the Trustee if given by Holders)payable immediately and, and upon any such declaration such principal amount declaration, the Outstanding Securities of that series (or specified principal amount), together with any accrued and unpaid interest thereon, ) shall become and be immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (5) or (6) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 5.1 occurs, all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, in the case of any Security of that series which specifies an amount to or specified principal amount) shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities Holder of any Security of that series. Upon payment of all such principal and interest, at any time after such a declaration all of acceleration with respect to the Company's obligations under the Securities of that series has been made and before a judgment or decree for (upon payment of the money due has been obtained by the Trustee as hereinafter in Securities of all series) this Article providedIndenture shall terminate, the except obligations under Section 6.7. The Holders of a majority in principal amount of the Outstanding Securities of that series, series by written notice to the CompanyTrustee may rescind an acceleration and its consequences if (i) all existing Events of Default, any Guarantor other than the nonpayment of the principal and interest of the Securities of that series and the Trustee, may rescind and annul that has become due solely by such declaration of acceleration, have been cured or waived, (ii) to the extent the payment of such interest is lawful, interest on overdue installments of interest and its consequences ifoverdue principal that has become due otherwise than by such declaration of acceleration have been paid, (iii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (iv) all payments due to the Trustee and any predecessor Trustee under Section 6.7 have been made.

Appears in 3 contracts

Samples: Senior Debt Indenture (Adelphia Communications Corp), Insight Communications Co Inc, Adelphia Communications Corp

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific ; provided, however, that the payment of principal, premium, if any, and accrued interest, if any, on the Securities of any series, if such series shall remain subordinated to the extent provided in Article XIV. If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6(6) with respect to Securities of that series at the time Outstanding Company occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable; provided, however, that the payment of principal, premium, if any, and accrued interest, if any, on the Securities of such series shall remain subordinated to the extent provided in Article XIV. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.), Indenture (KKR Real Estate Finance Trust Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) shall have occurred and be continuing with respect to Securities of that any series at the time Outstanding occurs and is continuingOutstanding, then in every such case the Trustee or the Holders of not less than 25% thirty-three per centum (33%) in principal amount of the Outstanding Securities of that such series may declare the principal amount (or, if any of all the Securities of that such series (orare Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereofthereof as contemplated by Section 301) of all of the Outstanding Securities of such series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any premium, if any, and accrued and unpaid interest interest, if any, thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series; provided, however, that if an Event of Default specified in Section 5.01(5) or Section 5.01(6) shall have occurred and be continuing with respect to Securities more than one series of that series at the time Outstanding occursSecurities, the Trustee or the Holders of not less than thirty-three per centum (33%) in aggregate principal amount of the Outstanding Securities of all such series, considered as one class, may make such declaration of acceleration, and not the Holders of the Securities of that series (or, in the case any one of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payableseries. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has shall have been made and made, but before a judgment or decree for payment of the money due has shall have been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences shall, without further act, be deemed to have been rescinded and annulled, if

Appears in 3 contracts

Samples: Avista Corp, Washington Water Power Co, Washington Water Power Co

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific 3.1 with respect to the Securities of any a particular series, if an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% a majority in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuer (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(4) or Section 5.01(65.1(5) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuer and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 3 contracts

Samples: Kayne Anderson MLP Investment CO, Kayne Anderson MLP Investment CO, Kayne Anderson MLP Investment CO

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)501(6) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: Indenture (Ares Management Lp), Indenture (Ares Management Lp), Indenture (Ares Management Corp)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to the Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that (i) the series affected by such default (in the case of an Event of Default described in clause (1), (2), (3) or (7) of Section 501) or (ii) all series of Securities affected by such default (in the case of an Event of Default described in clause (4) of Section 501) may declare the principal amount of all the Securities of that series (or, in the case of if any Security of that series which specifies an amount to be due and payable thereon upon acceleration such Securities are Original Issue Discount Securities, such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of the series affected by such default or all series, as the case may be, together with any accrued but unpaid interest or any premium thereon or Additional Amount with respect thereto, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and but unpaid interest thereonor any premium thereon or Additional Amount with respect thereto, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any seriesNotwithstanding the foregoing, if an Event of Default specified in Section 5.01(5clause (5) or (6) of Section 5.01(6) with respect to Securities of that series at the time Outstanding occurs501 shall occur, the principal amount of all the Outstanding Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof)all series, together with any accrued and but unpaid interest thereonor any premium thereon or Additional Amount with respect thereto, ipso facto shall automatically, become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 3 contracts

Samples: Indenture (TechnipFMC PLC), Indenture (FMC Technologies Inc), Indenture (FMC Technologies Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.01(6) or 5.01(6)5.01(7) with respect to the Company) and with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) and unpaid interest of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.01(6) or Section 5.01(65.01(7) with respect to the Company with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in if any of the case of any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof), together with any accrued ) and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: Indenture (BMP Sunstone CORP), BMP Sunstone CORP, BMP Sunstone CORP

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time outstanding occurs and is continuing (other than an Event of Default specified referred to in Section 5.01(55.1(5) or 5.01(6(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series may declare the principal amount (or, if any Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(5) or Section 5.01(6(6) with respect to Securities of that series at the time Outstanding occursshall occur, the principal amount (or specified amount) of and accrued and unpaid interest, if any, on all the outstanding Securities of that series (or, in the case of any Security of that series which specifies an amount to shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences ifif (i) the Company has paid or deposited with the Trustee a sum sufficient to pay all matured installments of interest upon all the Securities of that series and the principal of (and premium, if any, on) any and all Securities of that series that shall have become due otherwise than by acceleration (with interest upon such principal and premium, if any, and, to the extent that such payment is enforceable under applicable law, upon overdue installments of interest, at the rate per annum expressed in the Securities of that series to the date of such payment or deposit) and the amount payable to the Trustee pursuant to Section 6.7 and (ii) all Events of Default with respect to Securities of that series, other than the non-payment of the principal and interest, if any, of Securities of that series which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 5.13. No such rescission shall affect any subsequent Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Indenture (International Seaways, Inc.), Indenture (International Seaways, Inc.), Indenture (International Seaways, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or If any specific Securities of any series, if an Event of Default described in Section 4.01 above (other than an Event of Default specified described in Section 5.01(54.01(e) or 5.01(6and Section 4.01(f)) shall have occurred and be continuing, with respect to any Securities of that any series at the time Outstanding occurs then and is continuing, then in each and every such case case, unless the aggregate principal amount of all the Securities of such series 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 Outstanding Securities of that such series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediatelyhereunder, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to Securities of that series at the time Outstanding occurs, declare the principal amount of all the Securities of that such series (or, in the case of and any Security of that series which specifies an amount and all accrued interest thereon to be due and payable thereon immediately, and upon acceleration any such declaration the same shall become and shall be immediately due and payable, any provision of this Indenture or the Securities of such series to the contrary notwithstanding. If an Event of Default specified in Section 4.01(e) or Section 4.01(f) occurs, the principal amount of the Maturity thereof, Outstanding Securities of such amount as may series and any and all accrued interest thereon shall immediately become and be specified by the terms thereof), together with any accrued due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder. No declaration of acceleration by the Trustee with respect to any series of Securities shall constitute a declaration of acceleration by the Trustee with respect to any other series of Securities, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific no declaration of acceleration by the Holders of at least 25% in aggregate principal amount of the Outstanding Securities of any series shall constitute a declaration of acceleration or other action by any of the Holders of any other series of Securities, in each case whether or not the Event of Default on which such declaration is based shall have occurred and be continuing with respect to more than one series of Securities, and whether or not any Holders of the Securities of any such affected series shall also be Holders of Securities of any other such affected series, at . At any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences ifif all Events of Default with respect to such series of Securities, other than the nonpayment of the principal of the Securities which have become due solely by such acceleration, have been cured or waived as provided in Section 4.13, if such cure or waiver does not conflict with any judgment or decree set forth in Section 4.01(e) and Section 4.01(f) and if all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel have been paid. No such rescission shall affect any subsequent default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Avatar Holdings Inc, AV Homes, Inc., Epicept Corp

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(4) or 5.01(6)Section 501(5) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(4) or Section 5.01(6501(5) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: Indenture (Marvell Technology Group LTD), Marvell Technology Group LTD, Marvell Technology Group LTD

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to any Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of (i) the series affected by such default (in the case of an Event of Default described in clause (1), (2), (3) or (7) of Section 501 or an Event of Default described in clause (4) of Section 501 relating to a covenant applicable only to such series) or (ii) all series of Securities (in the case of an Event of Default described in clause (4) of Section 501 that is applicable to all series of Securities) may declare the principal amount of all the Securities of that series (or, in the case of if any Security of that series which specifies an amount to be due and payable thereon upon acceleration such Securities are Original Issue Discount Securities, such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of the series affected by such default or all series, as the case may be, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified described in Section 5.01(5clause (5) or (6) of Section 5.01(6) with respect to Securities of that series at the time Outstanding occurs501 shall occur, the principal amount of all the Outstanding Securities of that all series (or, in the case of any Security of that series which specifies an amount to ipso facto shall become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series (or of all series, as the case may be) 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 providedFive, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 3 contracts

Samples: Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5501(7) or 5.01(6501(8)) with respect to the Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than at least 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediatelyseries, by a written notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if such notice is given by such Holders), may, and upon any the Trustee at the written request of such declaration Holders shall, declare all unpaid principal of (or, if the Securities of such series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount (or as may be specified amountin the terms of that series), together with any premium, if any, and accrued and unpaid interest thereon, shall become immediately on all the Outstanding Securities of such series to be due and payable, as specified below. Except as may otherwise be provided pursuant Upon a declaration of acceleration with respect to Section 3.01 for all or any specific Securities of any series (or of all series, if as the case may be), such principal and accrued interest shall be due and payable upon the first to occur of an acceleration under the Bank Credit Agreement or 10 days after receipt by the Company of such written notice given hereunder. If an Event of Default specified in Section 5.01(5501(7) or Section 5.01(6501(8) with respect to Securities of that series at the time Outstanding Company occurs, the principal amount amounts described above with respect to the Outstanding Securities of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to shall IPSO FACTO become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder. Upon payment of such principal and interest, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific of the Company's obligations under the Securities of any seriessuch Series and this Indenture, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedother than obligations under Section 606, the shall terminate. The Holders of at least a majority in principal amount of the Outstanding Securities of that any series (or of all series, as the case may be), by written notice to the CompanyTrustee, may rescind an acceleration and its consequences if (i) all existing Events of Default, other than the non-payment of principal of, premium, if any, or interest on the Outstanding Securities of such series (or of all series, as the case may be) and any Guarantor related coupons which have become due solely because of the acceleration, have been cured or waived and (ii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction. Notwithstanding the preceding paragraph, in the event of a declaration of acceleration in respect of the Securities of that any series because an Event of Default specified in Section 501(5) shall have occurred and the Trusteebe continuing, may rescind and annul such declaration of acceleration shall be automatically annulled if the Indebtedness that is the subject of such Event of Default has been discharged or the holders thereof have rescinded their declaration of acceleration in respect of such Indebtedness, and its consequences ifwritten notice of such discharge or rescission, as the case may be, shall have been given to the Trustee by the Company and countersigned by the holders of such Indebtedness or a trustee, fiduciary or agent for such holders, within 30 days after such declaration of acceleration in respect of the Securities of such series, and no other Event of Default has occurred during such 30-day period which has not been cured or waived during such period.

Appears in 2 contracts

Samples: CSC Parent Corp, Cablevision Systems Corp

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.1(5) or 5.01(65.1(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may may, declare the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(5) or Section 5.01(65.1(6) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant If an Event of Default specified in Sections 5.1(5) or 5.1(6) with respect to Section 3.01 for all or any specific Securities of any seriesseries then Outstanding shall have occurred and be continuing, at then, in each and every such case, the principal amount and interest, if any, on all of the Securities of all series then Outstanding shall become immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. At any time after such a declaration of acceleration with respect to Securities of that one or more series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided for below in this Article providedArticle, the Holders of a majority in principal amount of the Outstanding Securities securities of that seriesall affected series (voting as one class except in the case of Events of Default described in subsections (1), (2) and (3) of Section 5.1), as to which each series so affected will vote as a separate class), by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, Trustee may waive all defaults with respect to all affected series. and may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6(6) with respect to Securities of that series at the time Outstanding Company occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amounts, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Royalty Pharma PLC), Subordinated Indenture (Royalty Pharma Holdings Ltd.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5clause (6) or 5.01(6)(7) of Section 501) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that series (orsuch series, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, or such lesser amount as may be specified by provided for in the terms thereofSecurities of such series, premium (if any) and accrued and unpaid interest, if any, thereon to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by the Holders), and upon any such declaration such principal amount or such lesser amount, as the case may be, premium (or specified amount), together with any if any) and such accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (6) or (7) of Section 5.01(6) 501 with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that any series (oroccurs, in then the case principal of any Security of that series which specifies an amount to be due and payable thereon upon acceleration all of the Maturity thereofSecurities of such series, or such lesser amount as may be specified by provided for in the terms thereof)Securities of such series, together with any premium (if any) and accrued an unpaid interest, if any, thereon shall ipso facto become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableHolder of the Securities of such series. Except as may otherwise be provided pursuant to Section 3.01 for all or At any specific time after Securities of any series, at any time after such a series have been accelerated (whether by declaration of acceleration with respect to Securities of that series has been made the Trustee or the Holders or automatically) and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Nymagic Inc), Indenture (Nymagic Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(55.01(e) or 5.01(6)(f) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.01(e) or Section 5.01(6(f) with respect to Securities of that series at the time Outstanding Company occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article 5 provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may Unless otherwise be provided pursuant with respect to Section 3.01 for all or any specific the Securities of any seriesseries as contemplated under Section 301, if an Event of Default with respect to any particular series of Securities occurs and is continuing (other than an Event of Default specified described in Section 5.01(5501(6) or 5.01(6)(7) with respect to Securities of that series at the time Outstanding occurs and is continuingIssuer or any Guarantor), then and in every such case either the Trustee for the Securities of such series or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the entire principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereofOID Securities, such lesser amount as may be specified by provided for in the terms thereofof that series) of all the Securities of that series, to be due and payable immediately, by a notice in writing to the Company Issuer and any the Parent Guarantor of the Securities of that series (and to the such Trustee if given by Holders), and upon any such declaration of acceleration such principal amount (or specified such lesser amount), as the case may be, together with any accrued interest and unpaid interest thereonall other amounts owing hereunder, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all , without presentment, demand, protest or any specific Securities notice of any serieskind, if an all of which are hereby expressly waived. If any Event of Default specified in Section 5.01(5501(6) or Section 5.01(6(7) occurs with respect to Securities the Issuer or any Guarantor, all of that series at the time Outstanding occurs, the unpaid principal amount of all (or, if the Securities of that any series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereofthen outstanding are OID Securities, such lesser amount as may be specified by provided for in the terms thereof), together with any of that series) and accrued interest on all Securities of each series then outstanding shall ipso facto become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action on the part of act by the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee for the Securities of any series as hereinafter provided in this Article providedFive, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the CompanyIssuer, any the Parent Guarantor of the Securities of that series and the such Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Sovran Acquisition LTD Partnership), Sovran Acquisition LTD Partnership

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5clause (g) or 5.01(6)(h) of Section 5.01 hereof with respect to Securities of that series at the time Outstanding Issuer) occurs and is continuing, then in every such case the Trustee or the Holders of at least 25% in aggregate principal amount of the Outstanding Securities of any series may, by written notice to the Issuer (and to the Trustee, if such notice is given by the Holders) may, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may shall, declare the principal amount of of, premium, if any, and accrued interest on all the Outstanding Securities of that series (or, in the case of any Security of that series which specifies an amount to be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, amounts shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (g) or (h) of Section 5.01(6) 5.01 hereof with respect to the Issuer occurs and is continuing, then the principal of, premium, if any, and accrued interest on all Outstanding Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder. In the event of a declaration of acceleration because an Event of Default set forth in clause (e) of Section 5.01 hereof has occurred and is continuing, become immediately due such declaration of acceleration shall be automatically rescinded and payable. Except as may otherwise be provided annulled if the event of default triggering such Event of Default pursuant to Section 3.01 for all clause (e) shall be remedied or any specific Securities cured by the Issuer or the relevant Restricted Subsidiary or waived by the holders of any series, at any time the relevant Indebtedness within 60 days after such a the declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedthereto. After an acceleration, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of that seriesseries may, by written notice to the CompanyIssuer and the Trustee, any Guarantor waive all past defaults and rescind and annul such acceleration and its consequences if all existing Events of Default, other than nonpayment of the principal of and accrued and unpaid interest on, the Securities of that series that has become due solely as a result of such acceleration, have been cured or waived and if the Trustee, may rescind and annul such declaration and its consequences ifrescission of acceleration would not conflict with any judgment or decree of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Senior Debt Indenture (Caprock Communications Corp), Caprock Communications Corp

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(55.1(5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any the Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(5) or Section 5.01(6(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any the Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Chevron Corp), Indenture (Chevron Usa Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.1(d) or 5.01(65.1(e)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), provided that, in the case of the Securities of a series issued to a SVB Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series fail to declare the principal of all the Securities of that series to be immediately due and payable, the holders of at least 25% in aggregate Liquidation Amount of the corresponding series of Preferred Securities then outstanding shall have such right by a notice in writing to the Company and the Trustee; and upon any such declaration such principal amount (or specified amount), together with portion thereof) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable. Except Payment of principal and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article XIII notwithstanding that such amount shall become immediately due and payable as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if herein provided. If an Event of Default specified in Section 5.01(55.1(d) or Section 5.01(65.1(e) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in if the case of any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, of that series) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Silicon Valley Bancshares, Silicon Valley Bancshares

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuingcontinuing and is known to the Trustee, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company Issuers and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the CompanyIssuers, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Genesis Energy Lp)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(55.1(5) or 5.01(65.1(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(55.1(5) or Section 5.01(65.1(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if (a) If an Event of Default described in clause (other than an Event of Default specified in Section 5.01(51), (2), (3), (4) or 5.01(6)(7) of Section 501 with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Trustee, acting on written direction of Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if the Securities of that series (orare Original Issue Discount Securities or Indexed Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuer (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified described in Section 5.01(5clause (5) or (6) of Section 5.01(6) with respect to Securities 501 occurs and is continuing, then in every such case the Trustee, acting on written direction of that series at the time Outstanding occurs, the Holders of not less than 25% in principal amount of all the Securities of that series then Outstanding may declare the principal amount (or, if any such Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount as may be specified in the case of any Security terms of that series which specifies an amount series) of all of the Outstanding Securities to be due and payable thereon upon acceleration of immediately, by a notice in writing to the Maturity thereof, such amount as may be specified Issuer (and to the Trustee if given by the terms Holders) and upon any such declaration such principal amount (or specified portion thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if.

Appears in 2 contracts

Samples: Indenture (Brookfield Office Properties Canada), Indenture (Brookfield Canada Office Properties)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in each and every such case case, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series (except in the case of an Event of Default specified in Clause (5) or Clause (6) of Section 6.1) may declare the principal amount of all (or, if the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of that series, together with accrued interest thereon, if any, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, if any, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5Clause (5) or Clause (6) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 6.1 occurs, the principal such principle amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Apex Silver Mines LTD, Apex Silver Mines LTD

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default described in clause (other than an Event of Default specified in Section 5.01(51), (2), (3), (4), (5) or 5.01(6)) (8) of Section 501 with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if the Securities of that series (orare Original Issue Discount Securities or Indexed Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Issuer and, if applicable, the Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5Sections 501(6) or Section 5.01(6501(7) with respect to Securities of that series at the time Outstanding occursoccurs and is continuing, then the principal amount of all the Securities of that series then Outstanding (or, in the case of if any Security of that series which specifies an amount to be due and payable thereon upon acceleration such Securities are Original Issue Discount Securities or Indexed Securities, such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereof), together with any accrued of that series) shall ipso facto become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series (or of all series, as the case may be) 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 providedArticle, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the CompanyIssuer, any the applicable Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Supplemental Indenture (American Medical Systems Europe B.V.), Supplemental Indenture (Boston Scientific Corp)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series (other than an Event of Default specified in Section 5.01(5clause (6) or 5.01(6)(7) with respect to Securities of that series at the time Outstanding Section 5.01) occurs and is continuing, then in every such case the Trustee by notice in writing to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor the Trustee, may declare the unpaid principal of and accrued interest to the date of acceleration (or, if the Securities of that series (are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) on all the Outstanding Securities of that series to be due and to the Trustee if given by Holders)payable immediately and, and upon any such declaration such principal amount declaration, the Outstanding Securities of that series (or specified principal amount), together with any accrued and unpaid interest thereon, ) shall become and be immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (6) or (7) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 5.01 occurs, all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, in the case of any Security of that series which specifies an amount to or specified principal amount) shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities Holder of any Security of that series. Upon payment of all such principal and interest, at any time after such a declaration all of acceleration with respect to the Company's obligations under the Securities of that series has been made and before a judgment or decree for (upon payment of the money due has been obtained by the Trustee as hereinafter in Securities of all series) this Article providedIndenture shall terminate, the except obligations under Section 6.07. The Holders of a majority in principal amount of the Outstanding Securities of that series, series by written notice to the CompanyTrustee may rescind an acceleration and its consequences if (i) all existing Events of Default, any Guarantor other than the nonpayment of the principal and interest of the Securities of that series and the Trustee, may rescind and annul that has become due solely by such declaration of acceleration, have been cured or waived, (ii) to the extent the payment of such interest is lawful, interest on overdue installments of interest and its consequences ifoverdue principal that has become due otherwise than by such declaration of acceleration have been paid, (iii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (iv) all payments due to the Trustee and any predecessor Trustee under Section 6.07 have been made.

Appears in 2 contracts

Samples: Hanover Compressor Co /, Hanover Compressor Co /

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.01(c) or 5.01(65.01(d)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuer (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.01(c) or Section 5.01(65.01(d) with respect to Securities of that any series at the time Outstanding occurs, the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof), together with any ) of and accrued and but unpaid interest thereon, on (subject to any limitation thereon applicable to such series) all the Securities of such series shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuer and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Share Repurchase Agreement (American International Group Inc), Supplemental Indenture (AerCap Global Aviation Trust)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501 (4) or 5.01(6)(5) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(4) or Section 5.01(6(5) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Cisco Systems, Inc., Cisco Systems, Inc.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.1(4) or 5.01(65.1(5)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), provided that, in the case of the Securities of a series issued to a PMI Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series fail to declare the principal of all the Securities of that series to be immediately due and payable, the holders of at least 25% in aggregate Liquidation Amount (as defined in the related Trust Agreement) of the corresponding series of Capital Securities then outstanding shall have such right by a notice in writing to the Company and the Trustee; and upon any such declaration such principal amount (or specified amount), together with portion thereof) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable. Except Payment of principal and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article XIII notwithstanding that such amount shall become immediately due and payable as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if herein provided. If an Event of Default specified in Section 5.01(55.1(4) or Section 5.01(65.1(5) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in if the case of any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, of that series) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Pmi Group Inc, Pmi Capital I

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to any particular series of Securities and any related coupons occurs and is continuing (other than an Event of Default specified described in Section 5.01(5501(4) or 5.01(6501(5)) with respect to Securities of that series at the time Outstanding occurs and is continuing), then and in every such case either the Trustee for the Securities of such series or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the entire principal amount (or, in the case of (i) OID Securities, such lesser amount as may be provided for in the terms of that series or (ii) Indexed Securities, the amount determined in accordance with the specified terms of those Securities) of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the such Trustee if given by Holders), and upon any such declaration of acceleration such principal amount (or specified such lesser amount), as the case may be, together with any accrued interest and unpaid interest thereonall other amounts owing hereunder, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all , without presentment, demand, protest or any specific Securities notice of any serieskind, if an all of which are hereby expressly waived. If any Event of Default specified in Section 5.01(5501(4) or Section 5.01(6501(5) occurs with respect to Securities the Company, all of that series at the time Outstanding occurs, the unpaid principal amount of all (or, if the Securities of that any series then outstanding are (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereofi) OID Securities, such lesser amount as may be specified by provided for in the terms thereof)of that series or (ii) Indexed Securities, together the amount determined in accordance with any the specified terms of those Securities) and accrued interest on all Securities of each series then outstanding shall ipso facto become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action on the part of act by the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee for the Securities of any series as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the such Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Kraft Heinz Co, Kraft Foods Inc

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company [if applicable, insert — and any Guarantor of the Securities of that series series] (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, [if applicable, insert — any Guarantor of the Securities of that series series] and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Burleson Water Resources, LLC), Indenture (Burleson Water Resources, LLC)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.01(7) or 5.01(65.01(8)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) and unpaid interest of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.01(7) or Section 5.01(65.01(8) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued ) and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payablepayable without any action by the indenture trustee of the holder of the debt securities of that series. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in outstanding principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Neutron Marine Corp.), Neutron Marine Corp.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)501(6) ) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Cott Corp /Cn/), Cott USA Finance LLC

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series (other than an Event of Default specified in Section 5.01(5clause (e) or 5.01(6)(f) with respect to Securities of that series at the time Outstanding Section 5.1 above) occurs and is continuing, then in every such case the Trustee by notice in writing to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor the Trustee, may declare the unpaid principal of and accrued interest to the date of acceleration (or, if the Securities of that series (are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) on all the Outstanding Securities of that series to be due and to the Trustee if given by Holders)payable immediately and, and upon any such declaration such principal amount declaration, the Outstanding Securities of that series (or specified principal amount), together with any accrued and unpaid interest thereon, ) shall become and be immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (e) or (f) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 5.1 above occurs, all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, in the case of any Security of that series which specifies an amount to or specified principal amount) shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities Holder of any Security of that series. Upon payment of all such principal and interest, at any time after such a declaration all of acceleration with respect to the Company's obligations under the Securities of that series has been made and before a judgment or decree for (upon payment of the money due has been obtained by the Trustee as hereinafter in Securities of all series) this Article providedIndenture shall terminate, the except obligations under Section 6.7 below. The Holders of a majority in principal amount of the Outstanding Securities of that series, series by written notice to the CompanyTrustee may rescind an acceleration and its consequences if (i) all existing Events of Default, any Guarantor other than the nonpayment of the principal and interest of the Securities of that series and the Trustee, may rescind and annul that has become due solely by such declaration of acceleration, have been cured or waived, (ii) to the extent the payment of such interest is lawful, interest on overdue installments of interest and its consequences ifoverdue principal that has become due otherwise than by such declaration of acceleration have been paid, (iii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (iv) all payments due to the Trustee and any predecessor Trustee under Section 6.7 below have been made.

Appears in 2 contracts

Samples: Senior Debt Indenture (Kforce Inc), Subordinated Debt Indenture (Kforce Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5) or Section 5.01(6(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Carlyle Group L.P.), Indenture (Carlyle Group L.P.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to the Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(55.1(d) or 5.01(6(e)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then then, and in each and every case, unless the principal of all of the Securities of such case series shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediatelyseries, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuer (and to the Trustee if given by such Holders), may declare the entire principal of all Securities of such series, or such lesser amount as may be provided for in the Securities of such series, and the interest accrued thereon to be due and payable immediately, and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, the same shall become immediately due and payablepayable immediately. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(d) or Section 5.01(6(e) with respect to Securities of that series at the time Outstanding occursoccurs and is continuing, then, and in each and every such case, unless the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be shall have already become due and payable thereon upon acceleration payable, the entire principal of all the Maturity thereofOutstanding Securities, or such lesser amount as may be specified by provided for in the terms thereof), together with Securities of any accrued and unpaid interest thereon, shall automaticallyseries, and interest accrued thereon shall automatically become due and payable immediately without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration (other than resulting from an Event of Default specified in Section 5.1(d) or (e)) with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuer and the Trustee, may waive all defaults with respect to such series and rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care Limited Partnership)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount or, if such Securities are not payable at Maturity for a fixed principal amount, 25% of the aggregate issue price of the Outstanding Securities of that series may declare the principal amount of all Securities of that series, or such other amount or property, as may be provided for in the Securities of that series series, (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee Trustee, if given by Holders), and upon any such declaration such principal amount or property (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series series, or such other amount or property, as may be provided for in the Securities of that series, (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money Maturity Consideration due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount or, if such Securities are not payable at Maturity for a fixed principal amount, the aggregate issue price of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: United Parcel Service Inc, Indenture (United Parcel Service Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Carlyle Group L.P.), Indenture (Carlyle Group L.P.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)(6) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Blackstone Group L.P.), KKR & Co. L.P.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5501(1) or 5.01(6501(2)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any the Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(1) or Section 5.01(6501(2) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any the Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Allianz Finance III B.V., Allianz Finance III B.V.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise If any Event of Default described in Section 5.01 above (other than Event of Default described in Section 5.01(e) and Section 5.01(f)) shall have occurred and be provided pursuant continuing with respect to Section 3.01 for all or any specific Securities of any series, if an Event then and in each and every such case, unless the principal of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to all the Securities of that such series at the time Outstanding occurs shall have already become due and is continuingpayable, then in every such case either the Trustee or the Holders of not less than 2551% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediatelythen Outstanding hereunder, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), may declare the principal amount (or, if the Securities of such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of such series and any and all accrued interest thereon to be due and payable immediately, and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, the same shall become and shall be immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all , any provision of this Indenture or any specific the Securities of any series, if such series to the contrary notwithstanding. If an Event of Default specified in Section 5.01(55.01(e) or Section 5.01(65.01(f) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all (or, if the Securities of that such series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereof), together with of that series) of the Securities of such series and any and all accrued interest thereon shall immediately become and unpaid interest thereon, shall automatically, be due and payable without any declaration or other action act on the part party of the Trustee or any Holder. No declaration of acceleration by the Trustee with respect to any series of Securities shall constitute a declaration of acceleration by the Trustee with respect to any other series of Securities, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific no declaration of acceleration by the Holders of at least 51% in aggregate principal amount of the Outstanding Securities of any series shall constitute a declaration of acceleration or other action by any of the Holders of any other series of Securities, in each case whether or not the Event of Default on which such declaration is based shall have occurred and be continuing with respect to more than one series of Securities, and whether or not any Holders of the Securities of any such affected series shall also be Holders of Securities of any other such affected series, at . At any time after such a declaration of acceleration has been made with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of not less than a majority in of the aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences ifif all Events of Default with respect to such series of Securities, other than the nonpayment of the principal of the Securities of such series which have become due solely by such acceleration, have been cured or waived as provided in Section 5.13, if such cure or waiver does not conflict with any judgment or decree set forth in Section 5.01(e) and Section 5.01(f) and if all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel have been paid. No such rescission shall affect any subsequent default or impair any right consequent thereon.

Appears in 2 contracts

Samples: ServisFirst Bancshares, Inc., ServisFirst Bancshares, Inc.

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Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than those specified in 6.01(d) and 6.01(e)) with respect to one or more series of Securities occurs and is continuing, then, and in each and every such case, unless the principal of all of the Securities of such series shall have already become due and payable, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities of all affected series then Outstanding (voting together as a single class), by notice in writing to the Company (and to the Trustee if the notice is given by the applicable Holders), may declare the entire principal (or, if the Securities of such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of such series) of all Outstanding Securities of each such series, together with all accrued and unpaid interest, if any, to be due and payable immediately, and upon any such declaration the same shall become immediately due and payable. Notwithstanding the foregoing, in the case of an Event of Default specified in Section 5.01(56.01(d) or 5.01(66.01(e)) with respect to Securities of that series at , the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in entire principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any plus accrued and unpaid interest thereoninterest, shall if any, will ipso facto become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such After a declaration of acceleration with respect to Securities of that series has been made and before a judgment under Section 6.01(a), Section 6.01(b) or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedSection 6.01(c) or any automatic acceleration under Sections 6.01(d) or 6.01(e), the Holders of a majority in principal amount of the Outstanding Securities of any series (each such series voting as a separate class) may rescind such acceleration with respect to the Securities of such series (x) if all existing Events of Default with respect to the Securities of such series, except for nonpayment of the principal and interest on the Securities of such series that serieshave become due solely as a result of such acceleration, have been cured or waived and (y) if rescission of acceleration would not conflict with any judgment or decree of a court of competent jurisdiction. The Holders of a majority in principal amount of the Outstanding Securities of all affected series (voting together as a single class) may, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind also waive an existing or past Default or Event of Default, except a default in the payment of principal of or interest on any Outstanding Security, or in respect of a covenant or a provision that cannot be modified or amended without the consent of all affected Holders. For all purposes under this Indenture, if a portion of the principal of any Original Issue Discount Securities shall have been accelerated and annul declared or become due and payable pursuant to the provisions hereof, then, from and after such acceleration or declaration, unless such declaration has been rescinded and its consequences ifannulled, the principal amount of such Original Issue Discount Securities shall be deemed, for all purposes hereunder, to be such portion of the principal thereof as shall be due and payable as a result of such acceleration, and payment of such portion of the principal thereof as shall be due and payable as a result of such acceleration, together with interest, if any, thereon and all other amounts owing thereunder, shall constitute payment in full of such Original Issue Discount Securities.

Appears in 2 contracts

Samples: Indenture (Flex Ltd.), Indenture (Flex Ltd.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to any particular series of Securities and is continuing (other than an Event of Default specified described in Section 5.01(55.1(a)(4) or 5.01(6Section 5.1(a)(5)) with respect to Securities of that series at the time Outstanding occurs and is continuing), then and in every such case either the Trustee for the Securities of such series or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the entire principal amount (or, in the case of OID Securities, such lesser amount as may be provided for in the terms of that series or (ii) Indexed Securities, the amount determined in accordance with the specified terms of those Securities) of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the such Trustee if given by Holders), and upon any such declaration of acceleration such principal amount (or specified such lesser amount), as the case may be, together with any accrued interest and unpaid interest thereonall other amounts owing hereunder, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all , without presentment, demand, protest or any specific Securities notice of any serieskind, if an all of which are hereby expressly waived. If any Event of Default specified in Section 5.01(55.1(a)(4) or Section 5.01(65.1(a)(5) occurs with respect to Securities the Company or the Parent Guarantor, all of that series at the time Outstanding occurs, the unpaid principal amount of all (or, if the Securities of that any series then outstanding are (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereofi) OID Securities, such lesser amount as may be specified by provided for in the terms thereof)of that series or (ii) Indexed Securities, together the amount determined in accordance with any the specified terms of those Securities) and accrued interest on all Securities of each series then outstanding shall ipso facto become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action on the part of act by the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee for the Securities of any series as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the such Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Mondelez International, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default described in clauses (other than an Event of Default specified in Section 5.01(51) (2), (3) or 5.01(6)(7) of Section 501 above with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series (each such series voting as a separate class) may declare the principal amount of all (or, if the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of that series and interest accrued thereon, if any, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified described in Section 5.01(5clauses (4), (5) or (6) of Section 5.01(6) 501 above with respect to Securities of that all series at the time Outstanding occursoccurs and is continuing, then in every such case, the Trustee or the Holders of not less than 25% in aggregate principal amount of all Outstanding Securities hereunder (voting as a single class) may declare the principal amount (or, if the Securities of that any series (orare Original Issue Discount Securities, such portion of the principal amount as may be specified in the case of any Security terms of that series which specifies an amount series) of all of the Securities then Outstanding and interest accrued thereon, if any, to be due and payable thereon immediately, by a notice in writing to the Company (and to the Trustee if given by the Holders), and upon acceleration of the Maturity thereof, such declaration such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series (or all Securities, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriessuch series (voting as a separate class) with respect to an Event of Default described in clauses (1), (2), (3) and (7) of Section 501 above, and the Holders of a majority in aggregate principal amount of the Outstanding Securities of all series (voting as a single class) with respect to an Event of Default described in clause (4), (5) or (6) of Section 501 above, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Ambac Financial Group Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an ----------- -------------------------------------------------- Event of Default (other than an Event of Default specified in Section 5.01(55.1(4) or 5.01(65.1(5)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders); provided that, in the case of the Securities of a series issued to a Xxxxxxxxxx Capital Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series fail to declare the principal of all the Securities of that series to be immediately due and payable, the holders of at least 25% in aggregate liquidation amount of the corresponding series of Capital Securities then outstanding shall have such right by a notice in writing to the Company and the Trustee; and upon any such declaration such principal amount (or specified amount), together with portion thereof) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable. Except Payment of principal and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article XIII notwithstanding that such amount shall become immediately due and payable as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if herein provided. If an Event of Default specified in Section 5.01(55.1(4) or Section 5.01(65.1(5) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in if the case of any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, of that series) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Chittenden Capital Trust I

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.1(d), 5.1(e) or 5.01(65.1(h)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the holders of not less than 25% in principal amount of the outstanding Securities of that series may declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), provided that, in the case of the Securities of a series issued to a Xxxxxxxxxx Industries Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may fail to declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be immediately due and payable thereon upon acceleration payable, the holders of at least 25% in aggregate liquidation amount of the Maturity thereof, corresponding series of Preferred Securities then outstanding shall have such amount as may be specified by the terms thereof) to be due and payable immediately, right by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), Trustee; and upon any such declaration such principal amount (or specified amount), together with portion thereof) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable. Except Payment of principal and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article XIII notwithstanding that such amount shall become immediately due and payable as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if herein provided. If an Event of Default specified in Section 5.01(55.1(d), 5.1(e) or Section 5.01(65.1(h) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in if the case of any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, of that series) shall automatically, and without any declaration or other action on the part of the Trustee or any Holderholder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Praegitzer Industries Inc

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), provided that, in the case of the Securities of a series issued to an Allstate Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series fail to declare the principal of all the Securities of that series to be immediately due and payable, the holders of at least 25% in aggregate liquidation amount of the corresponding series of Preferred Securities then outstanding shall have such right by a notice in writing to the Company and the Trustee; and upon any such declaration such principal amount (or specified amount), together with ) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable, provided that the payment of principal and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article Fourteen. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Allstate Corp)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(4) or 5.01(6)(5) with respect to Securities of that series at the time Outstanding Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(4) or Section 5.01(6(5) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Apple Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default described in clause (other than an Event of Default specified in Section 5.01(51), (2), (3) or 5.01(6)) (8) of Section 501 with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified described in Section 5.01(5clause (4) or (7) of Section 5.01(6) with respect to Securities 501 occurs and is continuing, then in every such case the Trustee or the Holders of that series at the time Outstanding occurs, the not less than 25% in principal amount of all the Securities of that series then Outstanding may declare the principal amount (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the case of any Security terms of that series which specifies an amount series) of all of the Outstanding Securities to be due and payable thereon upon acceleration of immediately, by a notice in writing to the Maturity thereof, such amount as may be specified Company (and to the Trustee if given by the terms Holders) and upon any such declaration such principal amount (or specified portion thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to If an Event of Default described in clause (5) or (6) of Section 3.01 for 501 occurs and is continuing, all outstanding Securities will become due and payable immediately without further action or any specific Securities of any series, at notice. At any time after such a declaration of acceleration with respect to Securities of that any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article Five provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Nova Chemicals Corp /New)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if (a) If an Event of Default described in clause (other than an Event of Default specified in Section 5.01(51), (2), (3), (4) or 5.01(6)(7) of Section 501 with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Trustee, acting on written direction of Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if the Securities of that series (orare Original Issue Discount Securities or Indexed Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified described in Section 5.01(5clause (5) or (6) of Section 5.01(6) with respect to Securities 501 occurs and is continuing, then in every such case the Trustee, acting on written direction of that series at the time Outstanding occurs, the Holders of not less than 25% in principal amount of all the Securities of that series then Outstanding may declare the principal amount (or, if any such Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount as may be specified in the case of any Security terms of that series which specifies an amount series) of all of the Outstanding Securities to be due and payable thereon upon acceleration of immediately, by a notice in writing to the Maturity thereof, such amount as may be specified Company (and to the Trustee if given by the terms Holders) and upon any such declaration such principal amount (or specified portion thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if.

Appears in 1 contract

Samples: Indenture (Thomson Reuters Corp /Can/)

Acceleration of Maturity; Rescission and Annulment. Except as may be otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise , except that no such declaration shall be provided pursuant to Section 3.01 for all or any specific Securities required upon the occurrence of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6). If an Event of Default specified in Section 501(5) or Section 501(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in if the case of any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may be otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences ifconsequences, and any Event of Default giving rise to such declaration shall not be deemed to have occurred, if (i) all Events of Default with respect to Securities of that series, other than the non-payment of the principal of Securities of that series which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 513 or otherwise remedied and (ii) all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel have been paid to the Trustee. No such rescission shall affect any subsequent default or impair any right consequent thereon.

Appears in 1 contract

Samples: Home Loan Servicing Solutions, Ltd.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(5),or 5.01(6)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company Operating Partnership and any the Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the CompanyOperating Partnership, any the Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: GPT Operating Partnership LP

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuers (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuers and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: CVR Nitrogen Holdings, LLC

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Coffeyville Resources, LLC

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5501(8) or 5.01(6501(9)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(8) or Section 5.01(6501(9) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise In the event of a declaration of acceleration because an Event of Default set forth in Section 501(6) above has occurred and is continuing, such declaration of acceleration shall be provided automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to Section 3.01 for all 501(6) shall be remedied or any specific Securities cured by the Company or the Significant Subsidiary or waived by the holders of any series, at the relative Indebtedness within 60 days after the declaration of acceleration with respect thereto. At any time after such a declaration of acceleration with respect to Securities of that any series 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 in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Key3media Events Inc

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If (a) an Event of Default arising from the failure to pay principal of, or interest on, or any premium (other than an Event defined as Make-Whole Amount in the First Supplemental Indenture) relating to, any series of Default specified in Section 5.01(5) or 5.01(6)) with respect to Securities of that series at the time Outstanding occurs shall have occurred and is be continuing, then in every such case the Trustee or (i) the Holders of not less than twenty-five percent (25% %) in principal amount of the Securities then Outstanding of such series experiencing such Event of Default or (ii) with respect to the Securities issued pursuant to the First Supplemental Indenture (or with respect to Debt Securities issued pursuant to any other indenture supplemental hereto, or other instrument, establishing and creating the terms of that series may declare such Securities as contemplated by Section 301 if so provided therein), each Holder thereof may, or (b) any Event of Default (other than those set forth in clause (a) above) shall have occurred and be continuing, then in every such case the Trustee or a majority in principal amount of all the Securities then Outstanding of that each series (orexperiencing such Event of Default may, in the case of each of clauses (a) or (b), declare the principal amount (or, if any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereofSecurities are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofthereof as contemplated by Section 301) of all Securities then Outstanding of each such series (or, with respect to such Holder of the Securities issued pursuant to the First Supplemental Indenture (or with respect to Debt Securities issued pursuant to any other indenture supplemental hereto, or other instrument, establishing and creating the terms of such Securities as contemplated by Section 301 if so provided therein), the principal amount of such Securities held by it) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any receipt by the Company or the Trustee of such declaration notice of such declaration, such principal amount (or specified amount), together with any premium, if any, and accrued and unpaid interest interest, if any, thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant payable (subject to Section 3.01 for all or any specific Securities 821); provided, that in the case of any series, if an Event of Default specified described in Section 5.01(5801(c) or Section 5.01(6) with respect to (d), the entire principal amounts of all of the Outstanding Securities of that series at the time Outstanding occurseach series, the principal amount of all the interest accrued and unpaid thereon, and all premium, if any, and other amounts payable under such Securities of that series (orand this Indenture, in the case of any Security of that series which specifies an amount to be if any, shall automatically become due and payable thereon upon acceleration without presentment, demand, protest or notice of any kind, all of which are hereby waived. Upon the Maturity thereofoccurrence of an Event of Default, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holdershall also have, become immediately due and payablewithout limitation, the right to accelerate the Securities in the manner set forth in Section 804(3)(ii). Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities has been made, but before any sale of that series any of the Mortgaged Property 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 providedEight, the Holders of a majority in principal amount of the Securities Outstanding Securities of that serieseach series experiencing such Event of Default may, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences with respect to such series (which rescission shall not affect any subsequent Default or Event of Default or impair any right consequent thereon) if:

Appears in 1 contract

Samples: ITC Holdings Corp.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to any particular series of Securities occurs and is continuing (other than an Event of Default specified described in Section 5.01(5501(4) or 5.01(6501(5)) with respect to Securities of that series at the time Outstanding occurs and is continuing), then and in every such case either the Trustee for the Securities of such series or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the entire principal amount (or, in the case of (i) OID Securities, such lesser amount as may be provided for in the terms of that series or (ii) Indexed Securities, the amount determined in accordance with the specified terms of those Securities) of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the such Trustee if given by Holders), and upon any such declaration of acceleration such principal amount (or specified such lesser amount), as the case may be, together with any accrued interest and unpaid interest thereonall other amounts owing hereunder, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all , without presentment, demand, protest or any specific Securities notice of any serieskind, if an all of which are hereby expressly waived. If any Event of Default specified in Section 5.01(5501(4) or Section 5.01(6501(5) occurs with respect to Securities the Company, all of that series at the time Outstanding occurs, the unpaid principal amount of all (or, if the Securities of that any series then outstanding are (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereofi) OID Securities, such lesser amount as may be specified by provided for in the terms thereof)of that series or (ii) Indexed Securities, together the amount determined in accordance with any the specified terms of those Securities) and accrued interest on all Securities of each series then Outstanding shall ipso facto become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action on the part of act by the Trustee or any Holder. Notwithstanding anything herein to the contrary, become to the extent elected by the Company, the sole remedy for an Event of Default relating to the failure by the Company to comply with the obligation set forth in Section 704 will, for the first 120 days after the occurrence of such an Event of Default, consist exclusively of the right for Holders of each series of Securities to receive additional interest on the Securities of that particular series equal to 0.25% per annum of the principal amount of the Securities of such series. If the Company so elects, such additional interest will be payable in the same manner and on the same dates as the stated Interest Payment Dates on the Securities of that particular series. The additional interest will accrue on all outstanding Securities from and including the date on which such Event of Default first occurs to, but not including, the 120th day thereafter (or such earlier date on which such Event of Default shall have been cured or waived by Holders as provided in Section 513). On such 120th day after such Event of Default (if the Event of Default relating to such obligation is not cured or waived by Holders as provided in Section 513 prior to such 120th day), such additional interest will cease to accrue and the Securities will be subject to acceleration as provided above. The provisions of this paragraph will not affect the rights of Holders in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay the additional interest upon such Event of Default in accordance with this paragraph, the Securities will be subject to acceleration as provided above. In order to elect to pay the additional interest as the sole remedy during the first 120 days after the occurrence of an Event of Default relating to the failure by the Company to comply with the obligation set forth in Section 704 in accordance with the immediately due preceding paragraph, the Company must notify all Holders of each series of Securities, the Trustee for the Securities of such series and the Paying Agent for the Securities of such series of such election by delivering to the Trustee an Officers’ Certificate as provided below on or before the close of business on the date on which such Event of Default first occurs. Upon the Company’s failure to deliver such Officers’ Certificate or pay the additional interest specified in the immediately preceding paragraph, the Securities will be subject to acceleration as provided above. If the Company elects to pay additional interest, the Company shall deliver to the Trustee an Officers’ Certificate to that effect stating that (i) the amount of such additional interest that is payable and (ii) the date on which such additional interest is payable. Except as Unless and until a Responsible Officer of the Trustee receives such certificate, the Trustee may otherwise be provided pursuant assume without inquiry that no additional interest is payable. If the Company has paid additional interest directly to Section 3.01 for all or any specific Securities the Persons entitled to it, the Company shall deliver to the Trustee an Officers’ Certificate setting forth the particulars of any series, at such payment. At any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee for the Securities of any series as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the such Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Altria Group (Philip Morris USA Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.1(6) or 5.01(65.1(7)) with respect to Securities of that any series at the time Outstanding occurs shall occur and is be continuing, then and in every such case the Trustee or the Holders of not less than at least 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of and accrued but unpaid interest on all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company Issuers and any Guarantor of the Securities of that series Parent (and to the Trustee if given by Holders), ) specifying the respective Event of Default and upon any such declaration such principal amount (or specified amount), together with any accrued that it is a “notice of acceleration” and unpaid interest thereon, the same shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(6) or Section 5.01(65.1(7) and with respect to Securities of that any series at the time Outstanding occursoccurs and is continuing, the unpaid principal amount of all the Securities of that series (or, in if the case of any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any of that series) and accrued and unpaid interest thereon, thereon shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedmade, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the CompanyIssuers, any Guarantor of the Securities of that series Parent and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Exterran Energy Solutions, L.P.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default described in clause (other than an Event of Default specified in Section 5.01(51), (2), (3), (4) or 5.01(6)(7) of Section 5.01 with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in each and every such case case, unless the principal of all of the Securities of such series shall have already become due and payable, either the Trustee or the Holders of not less than 25% in principal amount (or principal amount at maturity, as applicable) of the Outstanding Securities of that series may declare the principal amount of all (or, if the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, such principal amount as may be specified by in the terms thereofof that series) of all of the Securities of that series and interest accrued thereon, if any, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount)portion thereof) and interest accrued thereon, together with any accrued and unpaid interest thereonif any, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified described in Section 5.01(5clause (5) or (6) of Section 5.01(6) with respect to Securities of that series at the time Outstanding occurs5.01 occurs and is continuing, then the principal amount and interest accrued thereon, if any, of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedmade, the Holders of a majority in principal amount (or principal amount at maturity, as applicable) of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences ifif the rescission would not conflict with any judgment or decree and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Estee Lauder Companies Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default described in Section 6.01 (other than an Event of Default specified in Section 5.01(56.01(f) or 5.01(6(g)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount amount, if any, of the Outstanding Securities of that series may Securities, declare the principal amount of all of the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable all interest thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, together with the Make-Whole Premium, if any, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by the Holders), ) and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, amounts shall become immediately due and payable. Except as may otherwise be provided Upon the occurrence of an Event of Default specified in Section 6.01(f) or (g), the principal amount of all of the Securities, all interest thereon, and the Make-Whole Premium, if any, shall automatically and immediately become due and payable. For the avoidance of doubt, if the principal amount of the Securities is paid on or prior to February 15, 2026 (other than pursuant to Section 3.01 3.08(b)-(d)), the Make-Whole Premium provided under Section 3.08 hereof shall be paid, even if such payment is made following acceleration pursuant to this Section 6.02. The Company will pay the Make-Whole Premium, as compensation to the Holders for all the loss of their investment opportunity and not as a penalty, whether or any specific Securities not an Event of any series, Default specified in Section 6.01(f) or (g) has occurred and (if an Event of Default specified in Section 5.01(56.01(f) or (g) has occurred) without regard to whether the event causing such Event of Default is voluntary or involuntary, or whether payment occurs pursuant to a motion, plan of reorganization, or otherwise, and without regard to whether the Securities and other Notes Obligations are satisfied or released by foreclosure (whether or not by power of judicial proceeding), deed in lieu of foreclosure or by any other means. Any premium payable pursuant to this Section 5.01(66.02 shall be presumed to be the liquidated damages sustained by each Holder as a result of the early repayment of the Securities and the Note Parties agree that it is reasonable under the circumstances currently existing. EACH NOTE PARTY EXPRESSLY WAIVES (TO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) with respect THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE MAKE-WHOLE PREMIUM IN CONNECTION WITH ANY SUCH ACCELERATION. The Company expressly agrees (to Securities the fullest extent it may lawfully do so) that: (A) the Make-Whole Premium is reasonable and the product of that series an arm’s length transaction between sophisticated business people, ably represented by counsel; (B) the Make-Whole Premium shall be payable notwithstanding the then prevailing market rates at the time Outstanding occurs, payment is made; (C) there has been a course of conduct between Holders and the principal amount of all Company giving specific consideration in this transaction for such agreement to pay the Securities of Make-Whole Premium; and (D) the Company shall be estopped hereafter from claiming differently than as agreed to in this paragraph. The Company expressly acknowledges that series (or, in its agreement to pay the case of any Security of that series which specifies an amount Make-Whole Premium to be due and payable thereon upon acceleration the Trustee for the ratable benefit of the Maturity thereof, such amount Holders as may be specified by herein described is a material inducement to Holders to purchase the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payableSecurities. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that series has been made and made, but before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if: ​ ​ ​

Appears in 1 contract

Samples: Indenture (Transocean Ltd.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant Subject to Section 3.01 for all or any specific Securities the terms of any seriesthe Intercreditor Agreement, if an Event of Default described in Section 6.01 (other than an Event of Default specified in Section 5.01(5) or 5.01(66.01(e)) with respect to Securities of that series at the time Outstanding occurs and is continuing, continuing then in every such case the Trustee or the Holders of not less than 25% in principal amount Majority Holders, if any, of the Outstanding Securities of that series Securities, may (i) declare the principal amount of all of the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable all interest thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, including the Make-Whole Premium, if any, and any other payments due and owing under the Note Documents, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by the Holders), ) and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. Except as may otherwise be provided ; (ii) enforce all of the Liens and security interests created pursuant to the Security Documents; (iii) apply any cash Collateral held by the Collateral Agent to the repayment of the Obligations in accordance with Section 3.01 6.06; and (iv) exercise all rights and remedies available to it under the Note Documents and applicable law. Upon the occurrence of an Event of Default specified in Section 6.01(e), the principal amount of all of the Securities, all interest thereon, and the Make-Whole Premium, if any, shall automatically and immediately become due and payable. For the avoidance of doubt, upon an acceleration pursuant to this Section 6.02, the Make-Whole Premium shall be calculated as of the date of such acceleration and shall be due and owing following such an acceleration. The Company will pay the Make-Whole Premium, as compensation to the Holders for all the loss of their investment opportunity and not as a penalty, whether or any specific Securities not an Event of any series, Default specified in Section 6.01(e) has occurred and (if an Event of Default specified in Section 5.01(56.01(e) has occurred) without regard to whether the event causing such Event of Default is voluntary or Section 5.01(6involuntary, or whether payment occurs pursuant to a motion, plan of reorganization, or otherwise, and without regard to whether the Securities and other Notes Obligations are satisfied or released by foreclosure (whether or not by power of judicial proceeding), deed in lieu of foreclosure or by any other means. The Company agrees that payment of the Make-Whole Premium is reasonable under the circumstances currently existing. THE COMPANY EXPRESSLY WAIVES (TO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) with respect THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE MAKE-WHOLE PREMIUM IN CONNECTION WITH ANY SUCH ACCELERATION. The Company expressly agrees (to Securities the fullest extent it may lawfully do so) that: (A) the Make-Whole Premium is reasonable and the product of that series an arm’s length transaction between sophisticated business people, ably represented by counsel; (B) the Make-Whole Premium shall be payable notwithstanding the then prevailing market rates at the time Outstanding occurs, payment is made; (C) there has been a course of conduct between Holders and the principal amount of all Company giving specific consideration in this transaction for such agreement to pay the Securities of Make-Whole Premium; and (D) the Company shall be estopped hereafter from claiming differently than as agreed to in this paragraph. The Company expressly acknowledges that series (or, in its agreement to pay the case of any Security of that series which specifies an amount Make-Whole Premium to be due and payable thereon upon acceleration the Trustee for the ratable benefit of the Maturity thereof, such amount Holders as may be specified by herein described is a material inducement to Holders to purchase the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payableSecurities. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that series has been made and made, but before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article provided6, the Holders of a majority in principal amount of the Outstanding Securities of that seriesMajority Holders, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Security Agreement (Mbia Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6)501(6) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article 5 provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Ares Management Corp)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6501(6)) with respect to Securities of that series any tranche at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series tranche may declare the principal amount of all the Securities of that series tranche (or, in the case of any Security of that series tranche which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any the Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series any tranche at the time Outstanding occurs, the principal amount of all the Securities of that series tranche (or, in the case of any Security of that series tranche which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that series any tranche has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that seriestranche, by written notice to the Company, any the Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Goldman Sachs Capital V

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if (a) If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5clause (6) or 5.01(6)(7) with respect to Securities of that series at the time Outstanding Section 7.1) occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may may, and, subject to Section 8.3(e) of this Indenture, the Trustee at the request of such Holders shall, declare the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) of, and accrued and unpaid interest on, all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (6) or (7) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 7.1 occurs, the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof)) of, together with any and accrued and unpaid interest thereonon, all of the Outstanding Securities of that series shall automatically, be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities Holder of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities Security of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if.

Appears in 1 contract

Samples: Affiliated Managers Group, Inc.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series (other than an Event of Default specified in Section 5.01(5clause (7) or 5.01(6)(8) of Section 6.1) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee by notice in writing to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor the Trustee, may declare the unpaid principal of and accrued interest to the date of acceleration (or, if the Securities of that series (are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) on all the Outstanding Securities of that series to be due and to the Trustee if given by Holders)payable immediately and, and upon any such declaration such principal amount declaration, the Outstanding Securities of that series (or specified principal amount), together with any accrued and unpaid interest thereon, ) shall become and be immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (7) or (8) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 6.1 occurs, all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, in the case of any Security of that series which specifies an amount to or specified principal amount) shall ipso facto become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities Holder of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities Security of that series. In addition, by the Trustee shall immediately file with the Mortgage Trustee a written notice demand for redemption of all Collateral Bonds pursuant to the applicable provisions of the First Mortgage Indenture or, if applicable, a written demand for redemption of all Substituted Collateral Bonds pursuant to the applicable provisions of the Substituted Mortgage Indenture. Upon payment of all such principal and interest, all of the Company, any Guarantor of 's obligations under the Securities of that series and (upon payment of the TrusteeSecurities of all series) this Indenture shall terminate, may rescind and annul such declaration and its consequences ifexcept obligations under Section 7.7.

Appears in 1 contract

Samples: Indenture (Michigan Consolidated Gas Co /Mi/)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.1(4) or 5.01(65.1(5)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), provided that, in the case of the Securities of a series issued to a BankAmerica Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series fail to declare the principal of all the Securities of that series to be immediately due and payable, the holders of at least 25% in aggregate Liquidation Amount (as defined in the related Trust Agreement) of the corresponding series of Capital Securities then outstanding shall have such right by a notice in writing to the Company and the Trustee; and upon any such declaration such principal amount (or specified amount), together with portion thereof) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable. Except Payment of principal and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article XIII notwithstanding that such amount shall become immediately due and payable as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if herein provided. If an Event of Default specified in Section 5.01(55.1(4) or Section 5.01(65.1(5) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in if the case of any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, of that series) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Bankamerica Corp/De/)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(55.1(5) or 5.01(65.1(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount less than the principal amount thereof to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(55.1(5) or Section 5.01(65.1(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 3.1 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (American Safety Insurance Holdings LTD)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.01(e) or 5.01(65.01(f)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuers (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.01(e) or Section 5.01(65.01(f) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuers and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Baker Hughes Co-Obligor, Inc.

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise If any Event of Default described in Section 5.01 above (other than Event of Default described in Sections 5.01(e) and 5.01(f)) shall have occurred and be provided pursuant continuing with respect to Section 3.01 for all or any specific Securities of any series, if an Event then and in each and every such case, unless the principal of Default (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to all the Securities of that such series at the time Outstanding occurs shall have already become due and is continuingpayable, then in every such case either the Trustee or the Holders of not less than 25% (or such other percentage provided for in accordance with Section 3.01) in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediatelythen Outstanding hereunder, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), may declare the principal amount (or, if the Securities of such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of such series and any and all accrued interest thereon to be due and payable immediately, and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, the same shall become and shall be immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all , any provision of this Indenture or any specific the Securities of any series, if such series to the contrary notwithstanding. If an Event of Default specified in Section 5.01(5Sections 5.01(e) or Section 5.01(65.01(f) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of and any Security of that series which specifies an amount to and all accrued interest thereon shall immediately become and be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action act on the part party of the Trustee or any Holder. No declaration of acceleration by the Trustee with respect to any series of Securities shall constitute a declaration of acceleration by the Trustee with respect to any other series of Securities, become immediately due and payable. Except as may otherwise be no 37 declaration of acceleration by the Holders of at least 25% (or such other percentage provided pursuant to for in accordance with Section 3.01 for all or any specific 3.01) in aggregate principal amount of the Outstanding Securities of any series shall constitute a declaration of acceleration or other action by any of the Holders of any other series of Securities, in each case whether or not the Event of Default on which such declaration is based shall have occurred and be continuing with respect to more than one series of Securities, and whether or not any Holders of the Securities of any such affected series shall also be Holders of Securities of any other such affected series, at . At any time after such a declaration of acceleration has been made with respect to the Securities of that any series 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 provided5, the Holders of not less than a majority (or such other percentage provided for in accordance with Section 3.01) in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences ifif all Events of Default with respect to such series of Securities, other than the nonpayment of the principal of the Securities of such series which have become due solely by such acceleration, have been cured or waived as provided in Section 5.13, if such cure or waiver does not conflict with any judgment or decree set forth in Sections 5.01(e) and 5.01(f) and if all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel have been paid. No such rescission shall affect any subsequent default or impair any right consequent thereon.

Appears in 1 contract

Samples: ITT Corp

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.1(4) or 5.01(65.1(5)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of that series to be due and payable immediately, by a notice in writing to the Corporation (and to the Trustee if given by Holders), PROVIDED that, in the case of the Securities of a series issued to an Issuer Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that such series may fail to declare the principal amount of all the Outstanding Securities of that such series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be or specified by the terms portion thereof) to be immediately due and payable immediatelypayable, the holders of at least 25% in aggregate Liquidation Amount (as defined in the related Trust Agreement) of the related series of Capital Securities issued by such Issuer Trust then outstanding shall have the right to make such declaration by a notice in writing to the Company Corporation and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), Trustee; and upon any such declaration such principal amount (or specified amount), together with portion thereof) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.1(4) or Section 5.01(65.1(5) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in if the case Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with of that series) and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except Payment of principal (and premium, if any) and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article XIII notwithstanding that such amount shall become immediately due and payable as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at herein provided. At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Corporation and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Southern States Capital Trust I

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5clause (4) or 5.01(6)(5) of Section 501 hereof) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if any of the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) ), and accrued but unpaid interest, if any, on all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Partnership (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (4) or (5) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 501 hereof occurs, the principal amount of all (or, if any of the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof), together with any and accrued but unpaid interest, if any, on all of the Securities then outstanding shall ipso facto become and unpaid interest thereonbe immediately due and payable without declaration, shall automatically, and without any declaration notice or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Partnership and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Alliance Resource Partners Lp

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5clause (6), (7) or 5.01(6)(8) of Section 501) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of, and premium, if any, on all of all the Securities of that series (orsuch series, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, or such lesser amount as may be specified by provided for in the terms thereof) Securities of such series, and accrued and unpaid interest, if any, thereon to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Operating Partnership (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or specified such lesser amount), together with any as the case may be, and such accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (6), (7) or (8) of Section 5.01(6) 501 with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that any series (oroccurs, in then the case of any Security of that series which specifies an amount to be due principal of, and payable thereon upon acceleration premium, if any, on all of the Maturity thereofSecurities of such series, or such lesser amount as may be specified by provided for in the terms thereof)Securities of such series, together with any and accrued and unpaid interest thereoninterest, if any, thereon shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableHolder of the Securities of such series. Except as may otherwise be provided pursuant to Section 3.01 for all or At any specific time after Securities of any series, at any time after such a series have been accelerated by declaration of acceleration with respect to Securities of that series has been made the Trustee or the Holders and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the CompanyOperating Partnership, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (American Homes 4 Rent, L.P.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.01(e) or 5.01(65.01(f)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.01(e) or Section 5.01(65.01(f) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Intuit Inc

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(5) or 5.01(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, in the case if any Securities of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Guarantors (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to the Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, in the case of any Security of that such series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of that any series has been made and before a judgment or decree for payment of the money due based on such acceleration has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company, any Guarantor of the Securities of that series Guarantors and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Blue Owl Capital Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default (other than an Event of Default specified in Section 5.01(5501(5) or 5.01(6Section 501(6)) with respect to Securities of that series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5501(5) or Section 5.01(6501(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any premium thereon and accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Diamondback Energy, Inc.)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(5clause (4) or 5.01(6)(5) of Section 501 hereof) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if any of the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) ), and accrued but unpaid interest, if any, on all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Partnership (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(5clause (4) or (5) of Section 5.01(6) with respect to Securities of that series at the time Outstanding 501 hereof occurs, the principal amount of all (or, if any of the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof), together with any and accrued but unpaid interest, if any, on all of the Securities then outstanding shall ipso facto become and unpaid interest thereonbe immediately due and payable without declaration, shall automatically, and without any declaration notice or other action act on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Partnership and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Alliance Resource Partners Lp

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(55.01(6), 5.01(7), 5.01(8) or 5.01(65.01(9)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that such series may declare the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) of all of the Securities of such series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.01(6), 5.01(7), 5.01(8) or Section 5.01(65.01(9) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, automatically and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Petrobras International Finance Co)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default with respect to Securities of any series at the time Outstanding occurs and is continuing (other than an Event of Default specified in Section 5.01(55.01(6) or 5.01(6(7)) with respect to Securities of that series at the time Outstanding occurs and is continuing), then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if Securities of that Series are Original Issue Discount Securities or Indexed Securities, such portion of the principal as may be specified in the terms thereof) of on all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series Issuer (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued portion thereof and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(55.01(6) or Section 5.01(6(7) with respect to Securities of that any series at the time Outstanding occursoccurs and is continuing, then, and in every such case, the principal amount (or, if any Securities of that series are Original Discount Securities or Indexed Securities, such portion of the principal amount as may be specified in the terms thereof) of, on all of the Securities of that series (or, in the case of any Security of that series which specifies an amount to shall become and be immediately due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payableholder. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Issuer and the Trustee, may rescind and annul such declaration of acceleration and its consequences if:

Appears in 1 contract

Samples: Indenture (American Standard Companies Inc)

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default (other than an Event of Default specified in Section 5.01(4), 5.01(5), 5.01(6) or 5.01(65.01(7)) with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that such series may declare the principal amount (or, if any of all the Securities of that series (orare Original Issue Discount Securities, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by in the terms thereof) of all of the Securities of such series to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if If an Event of Default specified in Section 5.01(4), 5.01(5), 5.01(6) or Section 5.01(65.01(7) with respect to Securities of that any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of if any Security Securities of that series which specifies an amount to be due and payable thereon upon acceleration are Original Issue Discount Securities, such portion of the Maturity thereof, principal amount of such amount Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, automatically and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at At any time after such a declaration of acceleration with respect to Securities of that any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company, any Guarantor of the Securities of that series Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Petrobras International Finance Co

Acceleration of Maturity; Rescission and Annulment. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if (1) If an Event of Default (Default, other than an Event of Default specified in Section 5.01(5Sections 5.1(5) or 5.01(65.1(6)) , with respect to Securities of that any series at the time Outstanding occurs and is continuing, then in every such case either the Trustee or the Holders of not less than at least 25% in principal amount of the Outstanding Securities of that series may declare require the Company to repay immediately the principal of and any unpaid premium and interest on (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of all the such Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Guarantor of the Securities of that series (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, if an Event of Default specified in Section 5.01(5) or Section 5.01(6) with respect to Securities of that series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, in the case of any Security of that series which specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such amount as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part all Outstanding Securities of the Trustee or any Holder, become immediately due and payableaffected series. Except as may otherwise be provided pursuant to Section 3.01 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to Securities of that series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the The Holders of at least a majority in principal amount of the Outstanding Securities of the affected series may rescind and annul that series, by written notice acceleration if all Events of Default with respect to the Company, any Guarantor of the Securities of that series, other than the nonpayment of accelerated principal, have been cured or waived as provided in this Indenture. An Event of Default arising pursuant to Sections 5.1(5) or 5.1(6) shall cause the principal of, and any unpaid premium and interest on (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), all Securities to become immediately due and payable without any declaration or other act by the Trustee, may rescind and annul such declaration and its consequences ifthe Holders of the Securities or any other party.

Appears in 1 contract

Samples: Express Scripts Inc

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