Common use of Acceleration on Default Clause in Contracts

Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion and shall upon receipt of a Holders’ Request, subject to section 6.4, by notice in writing to the Issuer, declare the principal of, and interest on, the TCPL Sub Notes of any Series then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer shall pay forthwith to the Trustee for the benefit of the Holders of such Series the principal of, and accrued and unpaid interest (including interest on amounts in default) on, such TCPL Sub Notes and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub Notes from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section 6.7.

Appears in 2 contracts

Samples: Trust Indenture (TransCanada Trust), Transcanada Pipelines LTD

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Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion and shall upon receipt of a Holders’ Request, subject to section 6.4, by notice in writing to the Issuer, declare the principal of, and interest on, the TCPL Sub Trust Notes of any Series then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer shall pay forthwith to the Trustee for the benefit of the Holders of such Series the principal of, and accrued and unpaid interest (including interest on amounts in default) on, such TCPL Sub Trust Notes and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub Trust Notes from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section 6.7.

Appears in 2 contracts

Samples: Transcanada Trust (Transcanada Pipelines LTD), Trust Indenture (TransCanada Trust)

Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion and shall upon receipt of a Holders’ Request, subject to section Section 6.4, by notice in writing to the Issuer, declare the principal of, and interest on, the TCPL Sub Notes of any Series then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer shall pay forthwith to the Trustee for the benefit of the Holders of such Series the principal of, and accrued and unpaid interest (including interest on amounts in default) on, such TCPL Sub Notes and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub Notes from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section Section 6.7.

Appears in 1 contract

Samples: Emera Inc

Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion discretion, and shall upon receipt of a Holders’ Debentureholders' Request, subject to section 6.4sections 7.4 and 10.11(d), by notice in writing to the Issuer, Corporation declare the principal of, amount of and interest on, on the TCPL Sub Notes of any Series Debentures then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer Corporation shall pay forthwith to the Trustee for the benefit of the Holders of such Series Debentureholders the principal of, amount of and accrued and unpaid interest (including interest on amounts in default) on, on such TCPL Sub Notes Debentures and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub Notes the Debentures from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s Corporation's obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section 6.77.7.

Appears in 1 contract

Samples: Certicom Corp

Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion discretion, and shall upon receipt of a Holders’ Noteholders' Request, subject to section 6.4sections 6.4 and subsection 9.11(d), by notice in writing to the Issuer, Corporation declare the principal of, of and interest on, on the TCPL Sub Notes of any Series then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer Corporation shall pay forthwith to the Trustee for the benefit of the Holders of such Series Noteholders the principal of, of and accrued and unpaid interest (including interest on amounts in default) on, on such TCPL Sub Notes and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub the Notes from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s Corporation's obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section 6.7.

Appears in 1 contract

Samples: Crystallex International Corp

Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion discretion, and shall upon receipt receipt, of a Holders’ Debentureholders' Request, subject to section 6.47.4, by notice in writing to the Issuer, Corporation declare the principal of, of and interest on, on the TCPL Sub Notes of any Series Debentures then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer Corporation shall pay forthwith to the Trustee for the benefit of the Holders of such Series Debentureholders the principal of, of and accrued and unpaid interest (including interest on amounts in default) on, on such TCPL Sub Notes Debentures and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub Notes the Debentures from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s Corporation's obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section 6.77.7.

Appears in 1 contract

Samples: Dakota Mining Corp

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Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion discretion, and shall upon receipt of a Holders’ Noteholders' Request, subject to section 6.4subsection 6.4 and paragraph 9.11(d), by written notice in writing to the Issuer, Corporation declare the principal of, of and interest on, on the TCPL Sub Notes of any Series then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer Corporation shall pay forthwith to the Trustee for the benefit of the Holders of such Series Noteholders the principal of, of and accrued and unpaid interest (including interest on amounts in default) on, on such TCPL Sub Notes and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub the Notes from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s Corporation's obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section subsection 6.7.

Appears in 1 contract

Samples: Note Indenture (Crystallex International Corp)

Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion discretion, and shall upon receipt of a Holders’ RequestDebentureholders' Request (but subject to sufficient funds and/or indemnity having been provided in accordance with section 12.3(2)), subject to section 6.47.4, by notice in writing to the Issuer, Corporation declare the principal of, of and interest on, on the TCPL Sub Notes of any Series Debentures then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer Corporation shall pay forthwith to the Trustee for the benefit of the Holders of such Series Debentureholders the principal of, of and accrued and unpaid interest (including interest on amounts in default) on, on such TCPL Sub Notes Debentures and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub Notes the Debentures from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s Corporation's obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section 6.77.7.

Appears in 1 contract

Samples: MDC Partners Inc

Acceleration on Default. If any Event of Default has occurred and is continuing, the Trustee may in its discretion and shall upon receipt of a Holders’ Request, subject to section Section 6.4, by notice in writing to the Issuer, declare the principal of, premium, if any, and interest on, the TCPL Sub Notes of any Series then outstanding and any other moneys payable hereunder to be due and payable and the same shall forthwith become immediately due and payable to the Trustee, notwithstanding anything contained therein or herein to the contrary, and the Issuer shall pay forthwith to the Trustee for the benefit of the Holders of such Series the principal of, and accrued and unpaid interest (including interest on amounts in default) on, such TCPL Sub Notes and all other moneys payable hereunder, together with subsequent interest thereon at the rate borne by such TCPL Sub Notes from the date of such declaration until payment is received by the Trustee. Such payment when made shall be deemed to have been made in discharge of the Issuer’s obligations hereunder and any moneys so received by the Trustee shall be applied as provided in section Section 6.7.

Appears in 1 contract

Samples: Emera Inc

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