Common use of Acceleration of Maturity Clause in Contracts

Acceleration of Maturity. If any Event of Default shall have occurred and be continuing, the Holder or Holders of at least 50.1% in aggregate principal amount of outstanding Notes may, by notice to the Company, declare the entire outstanding principal balance of the Notes, and all accrued and unpaid interest the thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal balance of the Notes, if any, and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice. whatsoever, all of which are hereby expressly waived, anything in the Notes or in this Agreement to the contrary notwithstanding; provided that if an Event of Default under paragraph (d) or (g) of Section 5 with respect to the Company or any Subsidiary shall have occurred, the outstanding principal amount of all of the Notes, and all accrued and unpaid interest thereon, shall immediately become due and payable in cash, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstanding.

Appears in 3 contracts

Samples: Fermavir Pharmaceuticals, Inc., BioMETRX, Fermavir Pharmaceuticals, Inc.

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Acceleration of Maturity. If any Event of Default shall have occurred and be continuing, the Holder or Holders of at least 50.1% in aggregate principal amount of outstanding Notes may, by notice to the Company, declare the entire outstanding principal balance of the Notes, and all accrued and unpaid interest the thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal balance of the Notes, if any, and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice. notice whatsoever, all of which are hereby expressly waived, anything in the Notes or in this the Purchase Agreement to the contrary notwithstanding; provided that if an Event of Default under paragraph (d) or (g) of Section 5 with respect to the Company or any Subsidiary shall have occurred, the outstanding principal amount of all of the Notes, and all accrued and unpaid interest thereon, shall immediately become due and payable in cash, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this the Purchase Agreement to the contrary notwithstanding.

Appears in 2 contracts

Samples: BioMETRX, BioMETRX

Acceleration of Maturity. If any an Event of Default shall have occurred with respect to the Notes that are then outstanding occurs and be is continuing, and pursuant to Section 502 of the Holder Indenture, the Trustee or the Holders of at least 50.1not less than 25% in aggregate principal amount of the then outstanding Notes mayshall have declared the principal of, by notice to and premium, if any, on all the CompanyNotes, declare the entire outstanding principal balance of or such lesser amount as may be provided for in the Notes, and all accrued and unpaid interest the thereoninterest, if any, thereon to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the Holders), then upon any such declaration such principal, or specified portion thereof, plus accrued interest to the entire outstanding date the Notes are paid, plus the Make-Whole Amount on the Notes, shall become immediately due and payable. If an Event of Default set forth in Section 501(5) of the Indenture occurs with respect to the Notes, such that pursuant to Section 502 of the Indenture, the principal balance of, and premium, if any, on all of the Notes, or such lesser amount as may be provided for in the Notes, and accrued and unpaid interest, if any, and said accrued and unpaid interest thereon, shall become and be immediately due and payable, without presentment, demand, protest declaration or other notice. whatsoever, all act on the part of which are hereby expressly waived, anything in the Notes or in this Agreement to the contrary notwithstanding; provided that if an Event of Default under paragraph (d) or (g) of Section 5 with respect to the Company Trustee or any Subsidiary shall have occurred, the outstanding principal amount of all Holder of the Notes, and all accrued and unpaid interest thereonthen the Make-Whole Amount on the Notes, if any, shall also be immediately become due and payable in cash, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstandingpayable.

Appears in 2 contracts

Samples: Avalonbay Communities Inc, Avalonbay Communities Inc

Acceleration of Maturity. If any Event of Default shall have occurred and be continuing, the Holder or Holders holders of at least 50.166 2/3% in aggregate of the outstanding principal amount of outstanding Notes may, by notice to the Company, declare the entire outstanding principal balance of the Notes, and all accrued and unpaid interest the thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal balance of the Notes, if any, and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice. notice whatsoever, all of which are hereby expressly waived, anything in the Notes or in this Agreement to the contrary notwithstanding; provided that if an Event of Default under paragraph clause (b), (c), or (d) or (g) of Section 5 8.1 with respect to the Company or any Subsidiary shall have occurred, the outstanding principal amount of all of the Notes, and all accrued and unpaid interest thereon, shall immediately become due and payable in cashpayable, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstanding; and provided, further, that if an Event of Default under clause (a) of Section 8.1 shall have occurred and be continuing with respect to any Note, any holder of one or more Notes in an aggregate outstanding principal amount of at least $500,000 may, by notice to the Company, declare the entire outstanding principal of such Notes and all accrued and unpaid interest thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal of such Notes and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in such Notes or in this Agreement to the contrary notwithstanding.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Krauses Furniture Inc), Securities Purchase Agreement (General Electric Capital Corp)

Acceleration of Maturity. If any Event of Default shall have occurred and be continuing, the Holder or Holders of at least 50.1% in aggregate principal amount of outstanding Notes Purchaser may, by notice to the Company, declare the entire outstanding principal balance of the NotesNote, and all accrued and unpaid interest the thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal balance of the Notes, if any, Note and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice. notice whatsoever, all of which are hereby expressly waived, anything in the Notes Note or in this Agreement to the contrary notwithstanding; , provided that if an Event of Default under paragraph clause (d) or (ge) of Section 5 with respect to the Company or any Subsidiary ss. 5.1 shall have occurred, the outstanding principal amount of all of the NotesNote, and all accrued and unpaid interest thereon, shall immediately become due and payable in cashpayable, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes Note or this Agreement to the contrary notwithstanding.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Skypath Networks Inc)

Acceleration of Maturity. If any an Event of Default shall have occurred occur and ------------------------ be continuing, the Holder or Holders of at least 50.1% in aggregate Lender may declare the unpaid principal amount of outstanding Notes may, by notice to the Company, declare the entire outstanding principal balance of the Notes, and all accrued interest on the Loan and unpaid interest the thereon, Note and all other amounts payable to it under this Agreement or the Note to be forthwith due and payable immediatelypayable, whereupon the unpaid principal amount of and upon any all accrued interest on the Loan and the Note and all such declaration the entire outstanding principal balance of the Notes, if any, and said accrued and unpaid interest other amounts shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Borrower; provided that in the case of any of the -------- Events of Default specified in Section 7.1(f) hereof, without any notice to the Borrower or Holdings or any other act by the Lender, the unpaid principal amount of and all accrued interest on the Loan and the Note and all other amounts payable under this Agreement or the Note shall become immediately due and payable, without presentment, demand, protest or other notice. whatsoeverfurther notice of any kind, all of which are hereby expressly waived, anything in waived by the Notes or in this Agreement to the contrary notwithstanding; provided that if an Event of Default under paragraph (d) or (g) of Section 5 with respect to the Company or any Subsidiary shall have occurred, the outstanding principal amount of all of the Notes, and all accrued and unpaid interest thereon, shall immediately become due and payable in cash, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstandingBorrower.

Appears in 1 contract

Samples: Subsidiary Security Agreement (Ps Group Holdings Inc)

Acceleration of Maturity. If any an Event of Default shall have occurred with respect to the Notes that are then outstanding occurs and be is continuing, and pursuant to Section 502 of the Holder Indenture, the Trustee or the Holders of at least 50.1not less than 25% in aggregate principal amount of the then outstanding Notes mayshall have declared the principal of, by notice to and premium, if any, on all the CompanyNotes, declare the entire outstanding principal balance of or such lesser amount as may be provided for in the Notes, and all accrued and unpaid interest the thereoninterest, if any, thereon to be due and payable immediately, by a notice in writing to the Issuer (and to the Trustee if given by the Holders), then upon any such declaration such principal, or specified portion thereof, plus accrued interest to the entire outstanding date the Notes are paid, plus any redemption premium on the Notes, shall become immediately due and payable. If an Event of Default set forth in Section 501(5), (6) or (7) of the Indenture occurs with respect to the Notes, such that pursuant to Section 502 of the Indenture, the principal balance of, and premium, if any, on all of the Notes, or such lesser amount as may be provided for in the Notes, and accrued and unpaid interest, if any, and said accrued and unpaid interest thereon, shall become and be immediately due and payable, without presentment, demand, protest declaration or other notice. whatsoever, all act on the part of which are hereby expressly waived, anything in the Notes or in this Agreement to the contrary notwithstanding; provided that if an Event of Default under paragraph (d) or (g) of Section 5 with respect to the Company Trustee or any Subsidiary shall have occurred, the outstanding principal amount of all Holder of the Notes, and all accrued and unpaid interest thereonthen the redemption premium on the Notes, if any, shall also be immediately become due and payable in cash, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstandingpayable.

Appears in 1 contract

Samples: Avalonbay Communities Inc

Acceleration of Maturity. If any Event of Default shall have occurred and be continuing, the Holder or Holders of at least 50.1% in aggregate principal amount of outstanding Notes a Purchaser may, by notice to the Company, declare the entire outstanding principal balance of the NotesNote, and all accrued and unpaid interest the thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal balance of the Notes, if any, Note and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice. notice whatsoever, all of which are hereby expressly waived, anything in the Notes Note or in this Agreement to the contrary notwithstanding; , provided that if an Event of Default under paragraph clause (d) or (ge) of Section 5 with respect to the Company or any Subsidiary ss. 5.1 shall have occurred, the outstanding principal amount of all of the NotesNote, and all accrued and unpaid interest thereon, shall immediately become due and payable in cashpayable, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes Note or this Agreement to the contrary notwithstanding.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Skypath Networks Inc)

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Acceleration of Maturity. If any Event of Default shall have occurred and be continuing, the Holder or Holders holders of at least 50.166-2/3% in aggregate of the outstanding principal amount of outstanding Notes may, by notice to the Company, declare the entire outstanding principal balance of the Notes, and all accrued and unpaid interest the thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal balance of the Notes, if any, and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice. notice whatsoever, all of which are hereby expressly waived, anything in the Notes or in this Agreement to the contrary notwithstanding; provided that if an Event of Default under paragraph clause (b), (c), or (d) or (g) of Section 5 8.1 with respect to the Company or any Subsidiary shall have occurred, the outstanding principal amount of all of the Notes, and all accrued and unpaid interest thereon, shall immediately become due and payable in cashpayable, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstanding; and provided, further, that if an Event of Default under clause (a) of Section 8.1 shall have occurred and be continuing with respect to any Note, any holder of one or more Notes in an aggregate outstanding principal amount of at least $500,000 may, by notice to the Company, declare the entire outstanding principal of such Notes and all accrued and unpaid interest thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal of such Notes and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in such Notes or in this Agreement to the contrary notwithstanding.

Appears in 1 contract

Samples: Securities Purchase Agreement (Worms & Co Inc)

Acceleration of Maturity. If any Event of Default shall have occurred and be continuing, the Holder or Holders holders of at least 50.166 2/3% in aggregate of the outstanding principal amount of outstanding Notes may, by notice to the Company, declare the entire outstanding principal balance of the Notes, and all accrued and unpaid interest the interest, if any, thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal balance of the Notes, if any, and said accrued and unpaid interest interest, if any, shall become and be immediately due and payable, without presentment, demand, protest or other notice. notice whatsoever, all of which are hereby expressly waived, anything in the Notes or in this Agreement to the contrary notwithstanding; provided provided, that if an Event of Default under paragraph clause (c), (d) ), or (ge) of Section 5 8.1 with respect to the Company or any Subsidiary shall have occurred, the outstanding principal amount of all of the Notes, and all accrued and unpaid interest interest, if any, thereon, shall immediately become due and payable in cashpayable, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstanding.; and provided, further, that if an Event of Default under clause (a) of

Appears in 1 contract

Samples: Securities Purchase Agreement (America Service Group Inc /De)

Acceleration of Maturity. If any an Event of Default shall have occurred with respect to the Notes that are then outstanding occurs and be is continuing, and pursuant to Section 502 of the Holder Indenture, the Trustee or the Holders of at least 50.1not less than 25% in aggregate principal amount of the then outstanding Notes mayshall have declared the principal of, by notice to and premium, if any, on all the CompanyNotes, declare the entire outstanding principal balance of or such lesser amount as may be provided for in the Notes, and all accrued and unpaid interest the thereoninterest, if any, thereon to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the Holders), then upon any such declaration such principal, or specified portion thereof, plus accrued interest to the entire outstanding date the Notes are paid, plus any redemption premium on the Notes, shall become immediately due and payable. If an Event of Default set forth in Section 501(5) of the Indenture occurs with respect to the Notes, such that pursuant to Section 502 of the Indenture, the principal balance of, and premium, if any, on all of the Notes, or such lesser amount as may be provided for in the Notes, and accrued and unpaid interest, if any, and said accrued and unpaid interest thereon, shall become and be immediately due and payable, without presentment, demand, protest declaration or other notice. whatsoever, all act on the part of which are hereby expressly waived, anything in the Notes or in this Agreement to the contrary notwithstanding; provided that if an Event of Default under paragraph (d) or (g) of Section 5 with respect to the Company Trustee or any Subsidiary shall have occurred, the outstanding principal amount of all Holder of the Notes, and all accrued and unpaid interest thereonthen the redemption premium on the Notes, if any, shall also be immediately become due and payable in cash, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstandingpayable.

Appears in 1 contract

Samples: Avalonbay Communities Inc

Acceleration of Maturity. If any Event of Default shall have occurred and be continuing, the Holder holder or Holders holders of at least 50.1% in aggregate principal amount of outstanding Notes may, by notice to the Company, declare the entire outstanding principal balance of the Notes, premium, if any, and all accrued and unpaid interest the thereon, to be due and payable immediately, and upon any such declaration the entire outstanding principal balance of the Notes, premium, if any, and said accrued and unpaid interest shall become and be immediately due and payable, without presentment, demand, protest or other notice. notice whatsoever, all of which are hereby expressly waived, anything in the Notes or in this Agreement to the contrary notwithstanding; provided PROVIDED that if an Event of Default under paragraph clause (b), (c), or (d) or (g) of Section 5 8.1 with respect to the Company or any Subsidiary shall have occurred, the outstanding principal amount of all of the Notes, premium, if any, and all accrued and unpaid interest thereon, shall immediately become due and payable in cash, without any declaration and without presentment, demand, protest or other notice whatsoever, all of which are hereby expressly waived, anything in the Notes or this Agreement to the contrary notwithstanding.; and PROVIDED, further, that if an Event of Default under clause (a) of

Appears in 1 contract

Samples: Note Purchase Agreement (Q Med Inc)

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