Common use of Acceleration of Maturity; Rescission Clause in Contracts

Acceleration of Maturity; Rescission. (a) In the case of an Event of Default arising under Section 6.01(8) and Section 6.01(9), with respect to the Company or any of its Significant Subsidiaries, all outstanding notes shall become due and payable immediately without further action or notice. If any other Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Notes may declare all the Notes to be due and payable immediately by notice in writing to the Company (and to the Trustee if given by the Holders) (an "Acceleration Notice"); provided, however, that if any Senior Debt is outstanding pursuant to a Credit Facility, upon a declaration of such acceleration, such principal and interest shall be due and payable upon the earlier of (x) the fifth Business Day after sending the Company and the representative under such Credit Facility such Acceleration Notice, unless such Event of Default is cured or waived prior to such date and (y) the date of acceleration of any Senior Debt under such Credit Facility. The Holders of a majority in principal amount of the Notes by notice to the Trustee may rescind an acceleration and its consequences if 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 thereto.

Acceleration of Maturity; Rescission. (a) In the case of If an Event of Default arising under (other than of a type specified in clauses (g) or (h) of Section 6.01(86.1) and Section 6.01(9), with respect to the Company or any of its Significant Subsidiaries, all outstanding notes shall become due and payable immediately without further action or notice. If any other Event of Default occurs and is continuingcontinuing hereunder, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Notes may declare the principal, premium, if any, interest and any other monetary obligations (including Liquidated Damages) on all the then outstanding Notes to be due and payable immediately by notice in writing to the Company (and to the Trustee Trustee, if given by the Holders) (an "Acceleration Notice"); provided, however, that if so long as any Senior Debt is outstanding Indebtedness permitted to be incurred pursuant to a the Credit Facility, upon a declaration of such accelerationAgreement shall be outstanding, such principal and interest acceleration of the Notes shall not be due and payable upon effective until the earlier of (xa) an acceleration of any such Indebtedness under the fifth Business Day Credit Agreement or (b) five business days after sending receipt by the Company and of written notice of such acceleration of the representative under such Credit Facility such Acceleration NoticeNotes. Notwithstanding the foregoing, unless such in the case of an Event of Default is cured arising under clauses (g) or waived prior to such date (h) of Section 6.1, all outstanding Notes will become due and (y) the date of acceleration of any Senior Debt under such Credit Facilitypayable without further action or notice. The Holders of a majority in principal amount of the Notes then outstanding by written notice to the Trustee may rescind an acceleration and its consequences if 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 or Liquidated Damages that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default ) have been cured or impair any right consequent theretowaived.

Acceleration of Maturity; Rescission. (a) In the case of If an Event of Default arising under (other than of a type specified in clauses (f) or (g) of Section 6.01(86.01) and Section 6.01(9), with respect to the Company or any of its Significant Subsidiaries, all outstanding notes shall become due and payable immediately without further action or notice. If any other Event of Default occurs and is continuingcontinuing hereunder, the Trustee or the Holders of at least 2530% in principal amount of the then outstanding Notes may declare the principal, premium, if any, interest and any other monetary obligations on all the then outstanding Notes to be due and payable immediately by notice in writing to the Company (and to the Trustee Trustee, if given by the Holders) (an "Acceleration Notice"); provided, however, that if that, so long as any Senior Debt is outstanding Indebtedness permitted to be incurred pursuant to a the New Credit Facility, upon a declaration of such acceleration, such principal and interest Facility shall be due and payable upon outstanding, no such acceleration shall be effective until the earlier of (xi) acceleration of any such Indebtedness under the fifth Business Day New Credit Facility or (ii) five business days after sending the giving of such written notice to the Company and the representative under such the New Credit Facility of such Acceleration Noticeacceleration. Upon the effectiveness of such declaration, unless such principal, premium, interest and other monetary obligations will be due and payable immediately. Notwithstanding the foregoing, in the case of an Event of Default is cured arising under clauses (f) or waived prior to such date (g) of Section 6.01, all outstanding Notes will become due and (y) the date of acceleration of any Senior Debt under such Credit Facilitypayable without further action or notice. The Holders of a majority in principal amount of the Notes then outstanding by written notice to the Trustee may rescind an acceleration and its consequences if 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 the acceleration. No such rescission shall affect any subsequent Default ) have been cured or impair any right consequent theretowaived.