Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 9 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in clause (6) or (7) of Section 6.01(a)(6)6.01 hereof) occurs and is continuingcontinuing under this Indenture, the Trustee Trustee, upon receipt of actual written notice of a default, or the Holders of at least 2530% in principal amount of the then total 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. Upon the effectiveness of such declaration, such principal and interest shall be due and payable immediately. The Trustee shall have no obligation to accelerate the Notes if it believes in good faith that acceleration is not in the best interests of the Holders of the Notes. Notwithstanding the foregoing, in the case of an Event of Default arising under clause (6) or (7) of Section 6.01 hereof, all outstanding Notes shall be due and payable immediately without further action or notice. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may and, if directed by holders on behalf of at least 25% in aggregate principal amount all of the then outstanding Notes, the Trustee shall, declare Holders of all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of rescind any acceleration with respect thereto and if (i) the annulment of the acceleration of to the Notes and its consequences if such rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default (except nonpayment of principal, interest or premium or interest on the Notes that became has become due solely because of the acceleration of the Notes, acceleration) have been cured or waived.. In the event of any Event of Default specified in clause (4) of Section 6.01 hereof, such Event of Default and all consequences thereof (excluding any resulting payment default, other than as a result of acceleration of the Notes) shall be annulled, waived and rescinded, automatically and without any action by the Trustee or the Holders, if within 20 days after such Event of Default arose:
Appears in 9 contracts
Samples: Indenture (NXP Semiconductors N.V.), Supplemental Indenture (Freescale Semiconductor, Ltd.), Indenture (Freescale Semiconductor Holdings I, Ltd.)
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (6) or (7) of Section 6.01(a)(66.01 that occurs with respect to the Issuer) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuer (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (5) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (5) of Section 6.01 shall be remedied or cured by the Issuer or the relevant Significant Subsidiary or waived by the holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event or Default specified in clause (6) or (7) of Section 6.01 occurs with respect to the Issuer, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, by written notice to the Trustee shallIssuer and to the Trustee, declare may waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 9 contracts
Samples: Indenture (OHI Healthcare Properties Limited Partnership), Indenture (Omega Healthcare Investors Inc), Indenture (Omega Healthcare Investors Inc)
Acceleration. If an Event of Default (other than an Event of Default described in Section 6.1 (7) and (8)) occurs and is continuing, the Trustee by notice to the Parent Guarantor and the Issuer, or the Holders of at least 25% in principal amount of the outstanding Securities by notice to the Parent Guarantor and the Issuer and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, accrued and unpaid interest, if any, on all the Securities to be due and payable. If an Event of Default described in Section 6.01(a)(66.1 (7) and (8) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest interest, if any, on all the Notes Securities will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than Notwithstanding the foregoing, if an Event of Default described specified in Section 6.01(a)(6)6.1 (6) occurs shall have occurred and is be continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant and any consequential acceleration (to Section 6.01(a)(5) shall be remedied the extent not in violation of any applicable law or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and jurisdiction) shall be automatically rescinded if (i) the Indebtedness that is the subject of such Event of Default has been repaid or (ii) all if the default relating to such Indebtedness is waived by the holders of such Indebtedness or cured and if such Indebtedness has been accelerated, then the holders thereof have rescinded their declaration of acceleration in respect of such Indebtedness, in each case within 20 days after the declaration of acceleration with respect thereto, and (iii) any other existing Events of Default, except nonpayment of principal, premium or interest on the Notes Securities that became due solely because of the acceleration of the NotesSecurities, have been cured or waived.
Appears in 6 contracts
Samples: Indenture (Lone Pine Resources Inc.), Indenture (Antero Resources Finance Corp), Indenture (ANTERO RESOURCES Corp)
Acceleration. If an Event of Default (other than an Event of Default with respect to the Company of the type described in clause (7) of Section 6.01) occurs and is continuing, the Trustee by notice to the Company, or the Holders of at least 25% in principal amount of the outstanding Notes by notice to the Company and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest, if any, on all the Notes to be due and payable. Upon such a declaration, such principal, premium, if any, and accrued and unpaid interest will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default described in clause (6) of Section 6.01(a)(66.01 has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the default or payment default triggering such Event of Default pursuant to clause (6) of Section 6.01 shall be remedied or cured by the Company or a Restricted Subsidiary or waived by the holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto and if (1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (2) all existing Events of Default, except nonpayment of principal, premium, if any, or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived. If an Event of Default with respect to the Company described in clause (7) of Section 6.01 occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 6 contracts
Samples: Merger Agreement (Davita Inc), Merger Agreement (Physicians Management, LLC), Davita Inc
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (7) or (8) of Section 6.01(a)(66.01 that occurs with respect to the Issuer) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuer (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (5) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (5) of Section 6.01 shall be remedied or cured by the Issuer or the relevant Significant Subsidiary or waived by the holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event or Default specified in clause (7) or (8) of Section 6.01 occurs with respect to the Issuer, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes by written notice to the Issuer and to the Trustee, may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 5 contracts
Samples: Indenture (Omega Healthcare Investors Inc), Omega Healthcare Investors Inc, Omega Healthcare Investors Inc
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (8) or (9) of Section 6.01(a)(67.01 that occurs with respect to an Issuer) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers and Paying Agent (and to the Trustee and Paying Agent if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (6) of Section 7.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (6) of Section 7.01 shall be remedied or cured by the relevant Issuer or Significant 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 clause (8) or (9) of Section 7.01 occurs with respect to an Issuer, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of written notice to the then outstanding Notes, Issuers and to the Trustee shall, declare may waive all the Notes to be due past Defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 5 contracts
Samples: Tenth Supplemental Indenture (MPT Operating Partnership, L.P.), Supplemental Indenture (MPT Operating Partnership, L.P.), Twelfth Supplemental Indenture (MPT Operating Partnership, L.P.)
Acceleration. If an Event of Default described specified in clause (7) or (8) of Section 6.01(a)(6) 6.01 occurs and is continuing, the then all unpaid principal of, premium, if any, and accrued and unpaid interest interest, if any, on all the outstanding Notes will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdersnotice. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may anddeclare all amounts owing under the Notes to be due and payable immediately by a notice in writing to the Company (and to the Trustee, if directed given by holders Holders) specifying the Event of at least 25% Default and that it is a “notice of acceleration.” Upon any such declaration, the aggregate principal of, accrued and unpaid interest, if any, on the outstanding Notes shall become immediately due and payable. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, on behalf of all of the Holders of all the Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of rescind an acceleration of the Notes because an or waive any existing Default or Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default its consequences hereunder except a continuing Default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied in the payment of interest or curedpremium, or waived by the holders of the relevant Indebtednessif any, on, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in fullprincipal of, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principalprincipal of, premium on, if any, or interest on the Notes that became has become due solely because of the acceleration of acceleration); provided the NotesCompany has paid the Trustee its reasonable compensation and reimbursed the Trustee for its expenses, have been cured or waiveddisbursements and advances.
Appears in 5 contracts
Samples: Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.)
Acceleration. If an Event of Default described with respect to the Notes (other than an Event of Default specified in Section 6.01(a)(6Sections 6.01(g) occurs or 6.01(h) with respect to the Issuer) shall have occurred and is be continuing, the Trustee or the registered Holders of not less than 25% in aggregate principal ofamount of Notes then outstanding may, premiumby notice to the Issuer and the Trustee, if anydeclare to be immediately due and payable the principal amount of all the Notes then outstanding, plus accrued but unpaid interest to the date of acceleration. Upon such a declaration, such principal and interest shall be due and payable immediately. If an Event of Default specified in Sections 6.01(g) or 6.01(h) with respect to the Issuer occurs, the principal of and accrued and unpaid interest on all the Notes will become and shall be immediately due and payable immediately without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% the Notes. After any such acceleration but before a judgment or decree based on acceleration is obtained by the Trustee, the Holders of a majority in aggregate principal amount of the then outstanding Notes may andmay, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, notice to the Trustee shalland the Issuer, declare all the Notes to be due rescind and payable immediately. In the event of a annul any declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) if the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and decree, (ii) if all existing Events of Default, except Default have been cured or waived (other than nonpayment of principal, premium premium, or interest on the Notes that became has become due solely because of the acceleration acceleration), and (iii) there has been deposited with the Trustee a sum sufficient to pay all sums paid or advanced by the Trustee and the reasonable compensation, expenses, disbursements and advances of the NotesTrustee, have been cured its agents and counsel incurred in connection with the rescinded Event of Default. No such rescission shall affect any subsequent Default or waivedimpair any right consequent thereto.
Appears in 5 contracts
Samples: Supplemental Indenture (Energizer Holdings, Inc.), Indenture (Crocs, Inc.), Supplemental Indenture (Energizer Holdings, Inc.)
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (8) or (9) of Section 6.01(a)(66.01 that occurs with respect to an Issuer) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (6) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (6) of Section 6.01 shall be remedied or cured by Parent or the relevant Issuer or Significant 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 clause (8) or (9) of Section 6.01 occurs with respect to Parent or an Issuer, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of written notice to the then outstanding Notes, Issuers and to the Trustee shall, declare may waive all the Notes to be due past Defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 4 contracts
Samples: Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Acceleration. (a) If an Event of Default (other than an Event of Default described in Section 6.01(a)(66.01(a)(5) above) occurs and is continuingcontinuing the Trustee by notice to any Issuer or the Holders of a series of Notes of at least 30% in aggregate principal amount of the outstanding Notes of the applicable series under this Indenture by written notice to any Issuer and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest interest, including Additional Amounts, if any, on all the Notes will become and of such series under this Indenture to be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderspayable. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs Upon such a declaration, such principal, premium and is continuingaccrued and unpaid interest, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may andincluding Additional Amounts, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shall, declare all the Notes to will be due and payable immediately. In the event of a declaration of acceleration of the Notes of such series because an Event of Default under described in Section 6.01(a)(56.01(a)(4) has occurred and is continuing, the declaration of acceleration of the such Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(56.01(a)(4) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the such Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest interest, including Additional Amounts, if any, on the such Notes that became due solely because of the acceleration of the such Notes, have been cured or waived.
Appears in 4 contracts
Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (7) or (8) of Section 6.01(a)(65.1 that occurs with respect to the Parent or the Issuers) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (5) of Section 5.1 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (5) of Section 5.1 shall be remedied or cured by the Parent or the relevant Significant Subsidiary or waived by the holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event or Default specified in clause (7) or (8) of Section 5.1 occurs with respect to the Parent or the Issuers, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of written notice to the then outstanding Notes, Issuers and to the Trustee shall, declare may waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 4 contracts
Samples: Supplemental Indenture (Sabra Health Care REIT, Inc.), Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health (Sabra Health Care REIT, Inc.)
Acceleration. If an Event of Default described (other than an Event of Default with respect to the Company specified in Section 6.01(a)(66.01(7)) occurs and is continuing, the Trustee, by written notice to the Company, or the Holders of at least 25% in aggregate principal ofamount of the outstanding Securities, premiumby written notice to the Company and the Trustee, if any, may declare all unpaid principal of and accrued and unpaid interest on all the Notes will Securities then outstanding to be due and payable (the "Default Amount"). Upon a declaration of acceleration, such amount shall be due and payable immediately. If an Event of Default with respect to the Company specified in Section 6.01(7) occurs, the Default Amount shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersSecurityholder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the Securities then outstanding Notes may andoutstanding, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, written notice to the Trustee shalland the Company, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because may rescind an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto to the Securities and its consequences if (i) all existing Defaults and Events of Default, other than the annulment non-payment of the acceleration principal of the Notes Securities which 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 principal, which has become due otherwise than by such declaration of acceleration, has been paid and (iii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedjurisdiction.
Appears in 3 contracts
Samples: Execution Copy (Building Materials Corp of America), Execution (Building Materials Corp of America), Building Materials Corp of America
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) above) occurs and is continuing, continuing the Trustee by notice to either Issuer or the Holders of at least 2530% in aggregate principal amount of the then outstanding Notes may andunder this Indenture by written notice to either Issuer and the Trustee, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesmay, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest, including Additional Amounts, if any, on all the Notes under this Indenture to be due and payable. Upon such a declaration, such principal, premium and accrued and unpaid interest, including Additional Amounts, if any, will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under described in Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest interest, including Additional Amounts, if any, on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 3 contracts
Samples: Senior Indenture (NXP Semiconductors N.V.), Note Guarantee Supplement (NXP Semiconductors N.V.), NXP Semiconductors N.V.
Acceleration. (a) If an Event of Default (other than an Event of Default described in Section 6.01(a)(66.01(a)(5) above) occurs and is continuingcontinuing the Trustee by notice to either Issuer or the Holders of at least 30% in aggregate principal amount of the outstanding Notes under this Indenture by written notice to either Issuer and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest interest, including Additional Amounts, if any, on all the Notes will become and under this Indenture to be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderspayable. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs Upon such a declaration, such principal, premium and is continuingaccrued and unpaid interest, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may andincluding Additional Amounts, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shall, declare all the Notes to will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under described in Section 6.01(a)(56.01(a)(4) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(56.01(a)(4) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest interest, including Additional Amounts, if any, on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 3 contracts
Samples: Indenture (NXP Semiconductors N.V.), Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V.
Acceleration. If an Event of Default (other than an Event of Default described in Section 6.1 (7) and (8)) occurs and is continuing, the Trustee by notice to the Issuer, or the Holders of at least 25% in principal amount of the outstanding Notes by notice to the Issuer and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, and accrued and unpaid interest, if any, on all the Notes to be due and payable. If an Event of Default described in Section 6.01(a)(66.1 (7) and (8) occurs and is continuing, the principal of, premiumand accrued and unpaid interest, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than Notwithstanding the foregoing, if an Event of Default described specified in Section 6.01(a)(6)6.1 (6) occurs shall have occurred and is be continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant and any consequential acceleration (to Section 6.01(a)(5) shall be remedied the extent not in violation of any applicable law or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and jurisdiction) shall be automatically rescinded if (i) the Indebtedness that is the subject of such Event of Default has been repaid or (ii) all if the default relating to such Indebtedness is waived by the holders of such Indebtedness or cured and if such Indebtedness has been accelerated, then the holders thereof have rescinded their declaration of acceleration in respect of such Indebtedness, in each case within 20 days after the declaration of acceleration with respect thereto, and (iii) any other existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 3 contracts
Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.01(7) or Section 6.01(8) above that occurs with respect to Parent, the Company or any Significant Subsidiary) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25.0% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the written request of the Holders of at least 25.0% in aggregate principal amount of the Notes then outstanding will, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest will be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in Section 6.01(5) above has occurred and is continuing, such declaration of acceleration will be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to Section 6.01(5) shall be remedied or cured by the Issuers or the relevant Significant 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 6.01(7) or Section 6.01(8) above occurs with respect to Parent, the Company or any Significant Subsidiary, the principal of, premium, if any, and accrued and unpaid interest on all the Notes then outstanding will automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes by written notice to the Issuers and to the Trustee, may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 3 contracts
Samples: Indenture (Park Hotels & Resorts Inc.), Indenture (Park Hotels & Resorts Inc.), Supplemental Indenture (Park Hotels & Resorts Inc.)
Acceleration. If an Event of Default (other than an Event of Default described in Section 6.1 (7) and (8)) occurs and is continuing, the Trustee by notice to the Issuer, or the Holders of at least 25% in principal amount of the outstanding Securities by notice to the Issuer and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, accrued and unpaid interest, if any, on all the Securities to be due and payable. If an Event of Default described in Section 6.01(a)(66.1 (7) and (8) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest interest, if any, on all the Notes Securities will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than Notwithstanding the foregoing, if an Event of Default described specified in Section 6.01(a)(6)6.1 (6) occurs shall have occurred and is be continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant and any consequential acceleration (to Section 6.01(a)(5) shall be remedied the extent not in violation of any applicable law or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and jurisdiction) shall be automatically rescinded if (i) the Indebtedness that is the subject of such Event of Default has been repaid or (ii) all if the default relating to such Indebtedness is waived by the holders of such Indebtedness or cured and if such Indebtedness has been accelerated, then the holders thereof have rescinded their declaration of acceleration in respect of such Indebtedness, in each case within 20 days after the declaration of acceleration with respect thereto, and (iii) any other existing Events of Default, except nonpayment of principal, premium or interest on the Notes Securities that became due solely because of the acceleration of the NotesSecurities, have been cured or waived.
Appears in 3 contracts
Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.1(5) or 6.1(6) occurs and is continuing, the Trustee by notice to the Company, or the Holders of a majority in principal ofamount of the Securities then outstanding by notice to the Company and the Trustee, premiummay declare to be due and payable immediately the principal amount of the Securities plus accrued interest to the date of acceleration. Upon any such declaration, if anysuch amount shall be due and payable immediately, and upon payment of such amount all of the Company's obligations with respect to the Securities, other than obligations under Section 7.7, shall terminate. If an Event of Default specified in Section 6.1(5) or 6.1(6) occurs, all unpaid principal and accrued and unpaid interest on all the Notes will Securities then outstanding shall become and be immediately due and payable without any declaration or other the act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes Securities by written notice to the Trustee may andrescind an acceleration and its consequences if (x) all existing Events of Default, other than the non-payment of the principal of the Securities, which have become due solely by such declaration of acceleration, have been cured or waived, (y) to the extent the payment of such interest is lawful, interest on overdue installments of interest and overdue principal and premium, if directed any, which has become due otherwise than by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a such declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) acceleration, has occurred been paid, and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (iz) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction jurisdiction. The Trustee may rely upon such notice of rescission without any independent investigation as to the satisfaction of conditions (x), (y) and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedz).
Appears in 3 contracts
Samples: Indenture (Rent Way Inc), Assisted Living Concepts Inc, Sterling House Corp
Acceleration. (a) If an Event of Default described specified in Section 6.01(a)(66.01(6) occurs and is continuingor Section 6.01(7) with respect to the Issuer occurs, the principal of, premium, if any, and accrued and unpaid interest on all the outstanding Notes will shall become and be immediately due and payable without any declaration further action or other act on the part of the Trustee or any Holdersnotice. If any other an Event of Default (other than an Event of Default described specified in Section 6.01(a)(6)6.01(6) occurs or Section 6.01(7) with respect to the Issuer) shall have occurred and is continuingbe continuing under this Indenture, the Trustee Trustee, by written notice to the Issuer, or the Holders of at least twenty-five percent (25% %) in aggregate principal amount of the Notes then outstanding by written notice to the Issuer and the Trustee, may declare all amounts owing under the Notes to be due and payable, which notice shall specify each applicable Event of Default and that it is a “notice of acceleration” (an “Acceleration Notice”). Upon proper delivery of an Acceleration Notice, the aggregate principal of and accrued and unpaid interest on the outstanding Notes shall become due and payable (a) if there is any Designated Senior Debt outstanding at such time, with respect to any acceleration arising out of any Event of Default other than a payment default under Section 6.01(1) or Section 6.01(2), upon the earlier of (x) the date which is five (5) Business Days after receipt by the Representatives of such Acceleration Notice or (y) the date of acceleration of any Designated Senior Debt and (b) if otherwise, immediately, but, in any case, only if one or more of the Events of Default specified in such Acceleration Notice are then continuing; provided, however, that after such declaration of acceleration, but before a judgment or decree based on acceleration, the Holders of at least a majority in aggregate principal amount of the then outstanding Notes may andmay, if directed by holders on behalf of at least 25% in aggregate principal amount all of the then outstanding NotesHolders, the Trustee shall, declare all the Notes to be due rescind and payable immediately. In the event of a annul such declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences:
Appears in 3 contracts
Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Indenture (Alere Inc.)
Acceleration. If an Event of Default described in Section 6.01(a)(6) or Section 6.01(a)(11) hereof occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders Holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 3 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), s22.q4cdn.com
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.01(8) or (9) above that occurs with respect to the Company or any Significant Subsidiary) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding will, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest will be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in Section 6.01(5) above has occurred and is continuing, such declaration of acceleration will be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to Section 6.01(5) shall be remedied or cured by the Issuers or the relevant Significant 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 6.01(8) or (9) above occurs with respect to the Company or any Significant Subsidiary, the principal of, premium, if any, and accrued and unpaid interest on all the Notes then outstanding will automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes by written notice to the Issuers and to the Trustee, may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 3 contracts
Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties LLC)
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.1(vii) or (viii) with respect to the Issuers) occurs and is continuing, the Trustee by notice to the Issuers, or the Holders of at least 25% in aggregate principal ofamount at maturity of the outstanding Notes by notice to the Issuers, premium, if any, may declare the principal of and accrued and but unpaid interest on all the Notes will to be due and payable. Upon such a declaration, such principal and interest shall be due and payable immediately. If an Event of Default specified in Section 6.1(vii) or (viii) with respect to the Issuers occurs and is continuing, the principal of and accrued interest on all the Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount at maturity of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, notice to the Trustee shall, declare all the Notes to be due may rescind an acceleration and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled its consequences if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default have been cured or waived except nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of acceleration and the acceleration of the Notes, have Trustee has been cured paid all amounts then due to it pursuant to Section 7.7. No such rescission shall affect any subsequent Default or waivedimpair any right consequent thereto.
Appears in 3 contracts
Samples: Indenture (Usx Corp), Indenture (United States Steel Corp), United States Steel Corp
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in Section 6.01(a)(6)5.01(7) or (8) with respect to the Issuer) occurs and is continuing, the Trustee by notice to the Issuer, or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes Securities by notice to the Issuer and the Trustee, may anddeclare the principal of and accrued interest on all the Securities and all other amounts due hereunder or thereunder to be due and payable; PROVIDED that upon the occurrence of an Event of Default described in clause (7) or (8) of Section 5.01, if directed by holders the principal of at least 25% in aggregate principal amount and accrued interest on all of the then outstanding NotesSecurities shall automatically become due and payable, without presentment, demand or other requirements of any kind, all of which are hereby expressly waived by the Trustee shallIssuer. Upon such a declaration, declare such principal, interest and all other amounts due under the Notes to Securities in this Indenture shall be due and payable immediately. In the event The Holders of a declaration of acceleration majority in principal amount of the Notes because Securities by notice to the Trustee may rescind an Event of Default under Section 6.01(a)(5) has occurred acceleration and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and its consequences if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and decree, (ii) no amounts have been paid to the Holders as principal, interest, or premium, if any, on the Securities as a result of such acceleration, (iii) all existing Events of Default, Default have been cured or waived except nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of acceleration and (iv) all costs and expenses incurred by the acceleration of the Notes, Trustee prior to such waiver have been cured or waivedreimbursed to the Trustee.
Appears in 3 contracts
Samples: Mid America Capital Partners L P, Mid America Capital Partners L P, Mid America Capital Partners L P
Acceleration. If an Event of Default described in clause (6) of Section 6.01(a)(66.01(a) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in pursuant to Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 3 contracts
Samples: Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (7) or (8) of Section 6.01(a)(66.01 that occurs with respect to the Parent or the Issuers) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (5) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (5) of Section 6.01 shall be remedied or cured by the Parent or the relevant Significant 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 clause (7) or (8) of Section 6.01 occurs with respect to the Parent or the Issuers, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of written notice to the then outstanding Notes, Issuers and to the Trustee shall, declare may waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 2 contracts
Samples: Aviv Healthcare Properties L.P., Bellingham II Associates, L.L.C.
Acceleration. If In the case of an Event of Default described specified in clause (9) or (10) of Section 6.01(a)(6) occurs and 6.01 hereof, with respect to the Company, any Restricted Subsidiary of the Company that is continuinga Significant Subsidiary or any group of Restricted Subsidiaries of the Company that, the principal oftaken together, premiumwould constitute a Significant Subsidiary, if any, and accrued and unpaid interest on all the outstanding Notes will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdersnotice. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may andmay, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, or the Trustee shallat the request of such Holders may, declare all the Notes to be due and payable immediately, except that no such declaration may be made in respect of a Payment Default after such Payment Default is cured or waived. Upon any such declaration, the Notes shall become due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuingcontinuing as a result of the acceleration of any Indebtedness described in clause (5) of Section 6.01 hereof, the declaration of the acceleration of the Notes shall be automatically annulled if the event Holders of default or payment default triggering such Event any Indebtedness described in clause (5) of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall 6.01 hereof have been discharged in full, within 30 days after rescinded the declaration of acceleration with in respect thereto of such Indebtedness within 60 days of the date of such declaration and if (ia) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (iib) all existing Events of Default, except nonpayment of principal, premium principal or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 2 contracts
Samples: Indenture (Carmike Cinemas Inc), Indenture (Carmike Cinemas Inc)
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (8) or (9) of Section 6.01(a)(66.01 that occurs with respect to ESH REIT) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to ESH REIT (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (6) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event triggering such Event of Default pursuant to clause (6) of Section 6.01 shall be remedied or cured by ESH REIT or the relevant Significant Subsidiary of ESH REIT 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 clause (8) or (9) of Section 6.01 occurs with respect to ESH REIT, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, written notice to ESH REIT and to the Trustee shall, declare may waive all the Notes to be due past Defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 2 contracts
Samples: Indenture (ESH Hospitality, Inc.), Indenture (ESH Hospitality, Inc.)
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (8) or (9) of Section 6.01(a)(66.01 that occurs with respect to an Issuer) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (6) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (6) of Section 6.01 shall be remedied or cured by the relevant Issuer or Significant 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 clause (8) or (9) of Section 6.01 occurs with respect to an Issuer, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of written notice to the then outstanding Notes, Issuers and to the Trustee shall, declare may waive all the Notes to be due past Defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 2 contracts
Samples: Medical Properties Trust, LLC, MPT Operating Partnership, L.P.
Acceleration. If In the case of an Event of Default described specified in Section 6.01(a)(6Sections 6.01(9) occurs and or 6.01(10) hereof, with respect to the Issuer, any Restricted Subsidiary of the Issuer that is continuinga Significant Subsidiary or any group of Restricted Subsidiaries of the Issuer that, the principal oftaken together, premiumwould constitute a Significant Subsidiary, if any, and accrued and unpaid interest on all the outstanding Notes will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdersnotice. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. Upon any such declaration, the Notes shall become due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuingcontinuing as a result of the acceleration of any Indebtedness described in Section 6.01(5) hereof, the declaration of acceleration of the Notes shall be automatically annulled annulled, waived and rescinded if the event holders of any Indebtedness described in Section 6.01(5) hereof have rescinded or waived the declaration of acceleration in respect of such Indebtedness within 30 days of the date of such declaration, the default that is the basis for such acceleration shall have been cured or payment default triggering the Indebtedness or guarantee that is the basis for such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or curedhas been discharged, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (ia) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (iib) all existing Events of Default, except nonpayment of principal, premium principal or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived, and all amounts owing to the Trustee and Collateral Trustee have been paid.
Appears in 2 contracts
Acceleration. If an Event of Default (other than an Event of Default described in Section 6.1(7) and (8)) occurs and is continuing, the Trustee by notice to the Company and the Issuers, or the Holders of at least 25% in principal amount of the outstanding Securities by notice to the Company and the Co-Issuer and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, accrued and unpaid interest, if any, on all the Securities to be due and payable. If an Event of Default described in Section 6.01(a)(66.1(7) and (8) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest interest, if any, on all the Notes Securities will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than Notwithstanding the foregoing, if an Event of Default described specified in Section 6.01(a)(6)6.1(6) occurs shall have occurred and is be continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant and any consequential acceleration (to Section 6.01(a)(5) shall be remedied the extent not in violation of any applicable law or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and jurisdiction) shall be automatically rescinded if (i) the Indebtedness that is the subject of such Event of Default has been repaid or (ii) all if the default relating to such Indebtedness is waived by the holders of such Indebtedness or cured and if such Indebtedness has been accelerated, then the holders thereof have rescinded their declaration of acceleration in respect of such Indebtedness, in each case within 20 days after the declaration of acceleration with respect thereto, and (iii) any other existing Events of Default, except nonpayment of principal, premium or interest on the Notes Securities that became due solely because of the acceleration of the NotesSecurities, have been cured or waived.
Appears in 2 contracts
Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)
Acceleration. If In the case of an Event of Default described specified in clause (x) or (xi) of Section 6.01(a)(6) occurs and is continuing6.01, with respect to the principal ofParent or the Issuer, premium, if any, and accrued and unpaid interest on all the outstanding Notes will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdersnotice. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediatelyimmediately and may instruct the Security Agent to enforce any Collateral pursuant to the terms of the Intercreditor Agreement. In the event of a declaration of acceleration of the Notes because an Event of Default under described in clause (v) of Section 6.01(a)(5) 6.01 has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5clause (v) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default Default, or such Indebtedness shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (ia) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (iib) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 2 contracts
Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(66.01(g) and Section 6.01(h)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes under this Indenture may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes under this Indenture to be due and payable by written notice to the Issuers (and to the Trustee if such notice is given by the Holders). Upon such a declaration, such principal, premium (including Applicable Premium, if such premium would have been payable if the Issuers had issued a notice of redemption of the Notes on the date of such declaration) and accrued and unpaid interest will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under described in Section 6.01(a)(56.01(f) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(56.01(f) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived..
Appears in 2 contracts
Samples: Intercreditor Agreement (Ferroglobe PLC), Intercreditor Agreement (Ferroglobe PLC)
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.1(7) or (8) with respect to the Issuer) occurs and is continuing, the Trustee by notice to the Issuer, or the Holders of at least 25% in aggregate principal ofamount at maturity of the outstanding Notes by notice to the Issuer, premium, if any, may declare the Accreted Value of and accrued and but unpaid interest on all the Notes will to be due and payable. Upon such a declaration, such Accreted Value and interest shall be due and payable immediately. If an Event of Default specified in Section 6.1(7) or (8) with respect to the Issuer occurs and is continuing, the Accreted Value of and accrued interest on all the Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount at maturity of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, notice to the Trustee shall, declare all the Notes to be due may rescind an acceleration and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled its consequences if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default have been cured or waived except nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of acceleration and the acceleration of the Notes, have Trustee has been cured paid all amounts due to it pursuant to Section 7.7. No such rescission shall affect any subsequent Default or waivedimpair any right consequent thereto.
Appears in 2 contracts
Samples: Indenture (Spectrasite Holdings Inc), Spectrasite Holdings Inc
Acceleration. If an Event of Default (other than an Event of Default described in clauses (5) and (6) of Section 6.01(a)(66.1) occurs and is continuing, the Trustee by notice to the Issuers, or the Holders of at least 25% in principal amount of the outstanding Notes by written notice to the Issuers and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest interest, if any, on all the Notes will become and to be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderspayable. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs Upon such a declaration, such principal, premium and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to accrued and unpaid interest shall be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under described in clause (4) of Section 6.01(a)(5) 6.1 has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to clause (4) of Section 6.01(a)(5) 6.1 shall be remedied or curedcured by the Company, QS Wholesale or a Restricted Subsidiary or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 20 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived. If an Event of Default described in clauses (5) and (6) of Section 6.1 occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders.
Appears in 2 contracts
Samples: Quiksilver (Quiksilver Inc), Quiksilver (Quiksilver Inc)
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (7) or (8) of Section 6.01(a)(66.01 that occurs with respect to the Issuer) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuer (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (5) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (5) of Section 6.01 shall be remedied or cured by the Issuer or the relevant Significant Subsidiary or waived by the holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event or Default specified in clause (7) or (8) of Section 6.01 occurs with respect to the Issuer, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, by written notice to the Trustee shallIssuer and to the Trustee, declare may waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 2 contracts
Samples: Indenture (Omega Healthcare Investors Inc), Indenture (Omega Healthcare Investors Inc)
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) above) occurs and is continuing, continuing the Trustee by notice to the Issuers or the Holders of at least 2530% in aggregate principal amount of the then outstanding Notes may andunder this Indenture by written notice to the Issuers and the Trustee, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesmay, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest, including Additional Interest, if any, on all the Notes under this Indenture to be due and payable. Upon such a declaration, such principal, premium and accrued and unpaid interest, including Additional Interest, if any, will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under described in Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest interest, including Additional Interest, if any, on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 2 contracts
Samples: NXP Manufacturing (Thailand) Co., Ltd., NXP Manufacturing (Thailand) Co., Ltd.
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, with respect to the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default Securities (other than an Event of Default described specified in clause (8) or (9) of Section 6.01(a)(6)6.01 with respect to the Company) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes Securities by notice in writing to the Company and the Trustee, if applicable, may declare the unpaid principal of and accrued interest to the date of acceleration on all outstanding Securities to be due and payable immediately and, if directed by holders upon any such declaration, such principal amount and accrued interest, notwithstanding anything contained in this Indenture or the Securities to the contrary, shall become immediately due and payable. If an Event of at least 25% Default specified in clause (8) or (9) of Section 6.01 with respect to the Company occurs, all unpaid principal of and accrued interest on all outstanding Securities shall ipso facto become immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration, but before a judgment or decree of the money due in respect of the Securities has been obtained, the Holders of not less than a majority in aggregate principal amount of the Securities then outstanding Notes, by written notice to the Trustee shall, declare may rescind an acceleration and its consequences if all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event existing Events of Default under Section 6.01(a)(5(other than the nonpayment of accelerated principal of and interest on the Securities which has become due solely by virtue of such acceleration) has occurred have been cured or waived and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium decree. No such rescission shall affect any subsequent Default or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedimpair any right consequent thereto.
Appears in 2 contracts
Samples: Indenture (Global Telesystems Europe B V), Global Telesystems Europe B V
Acceleration. If an Event of Default described (other than an Event of Default with respect to the Company specified in Section 6.01(a)(66.01 clause (7) above) occurs and is continuing, the Trustee, by written notice to the Company, or the Holders of at least 25% in aggregate principal ofamount of the outstanding Notes, premiumby written notice to the Company and the Trustee, if any, may declare the principal of and accrued and unpaid interest on all Notes then outstanding to be due and payable (the Notes will "Default Amount"). Upon a declaration of acceleration, such amount shall be due and payable immediately. If an Event of Default with respect to the Company specified in clause (7) of Section 6.01 above occurs, the Default Amount shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration maturity of the Notes because then outstanding, by written notice to the Trustee and the Company, may rescind an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto to the Notes and its consequences if (i) all existing Defaults and Events of Default, other than the annulment non-payment of the acceleration principal of the Notes which 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 principal, which has become due otherwise than by such declaration of acceleration, has been paid and (iii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedjurisdiction.
Appears in 2 contracts
Samples: _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc)
Acceleration. If an Event of Default described in Section 6.01(a)(6) hereof occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) above) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders Holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 2 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)
Acceleration. If an any Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. Notwithstanding the foregoing, in the case of an Event of Default as described in clause (viii) or (ix) of Section 6.01 hereof, all outstanding Notes will become due and payable without further action or notice. Upon such acceleration, all principal of and accrued interest and Liquidated Damages, if any, on the Notes shall be due and payable immediately. Holders of Notes may not enforce this Indenture or the Notes except as provided in this Indenture. The Trustee may withhold from Holders of Notes notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) if it determines that withholding notice is in their interest. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuingcontinuing as a result of the acceleration of any Indebtedness described in clause (v) of Section 6.01 hereof, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant any Indebtedness that gave rise to such Event described in clause (v) of Default shall Section 6.01 hereof have been discharged in full, within 30 days after rescinded the declaration of acceleration with in respect thereto of such Indebtedness within 30 days of the date of such declaration and if (ia) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (iib) all existing Events of Default, except nonpayment of principal, premium principal or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 2 contracts
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (viii) or (ix) of Section 6.01(a)(65.01(a) hereof with respect to the Company, any Subsidiary that is a Significant Subsidiary or any group of Subsidiaries that, taken together, would constitute a Significant Subsidiary) occurs and is continuing, the Trustee by notice to the Company, or the Holders of at least 25% in principal ofamount of the then outstanding Notes by notice to the Company and the Trustee, may declare the principal of and premium, if any, and accrued and unpaid interest and Liquidated Damages, if any, on all then outstanding Notes to be due and payable immediately. Upon any such declaration the amounts due and payable on the Notes, as determined in accordance with the next succeeding paragraph, shall be due and payable immediately. If an Event of Default specified in clause (viii) or (ix) of Section 5.01(a) with respect to the Company, any Subsidiary that is a Significant Subsidiary or any group of Subsidiaries that, taken together, would constitute a Significant Subsidiary, occurs, the principal of and premium, if any, and accrued and unpaid interest and Liquidated Damages, if any, on all Notes will then outstanding shall ipso facto become and be immediately due and payable without any declaration declaration, notice or other act on the part of the Trustee or any HoldersHolder. If At any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of time after such a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto to the Notes has been made and if (i) the annulment before a judgment for payment of the acceleration money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the outstanding Notes, have been cured or waived.by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:
Appears in 2 contracts
Samples: Supplemental Indenture (Northwest Pipeline Corp), Indenture (Williams Companies Inc)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or 127 any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 2 contracts
Samples: Altice USA, Inc., Altice USA, Inc.
Acceleration. If an Event of Default described in Section 6.01(a)(6) hereof occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders Holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 2 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (6) or (7) of Section 6.01(a)(69.1) occurs and is continuing, the Purchasers’ Agent may, by notice to the Company, or the Holders of at least a Majority-in-Interest of the Notes then outstanding may, by notice to the Company, declare all unpaid principal of, premium, to the date of acceleration on the Notes then outstanding (if anynot then due and payable) to be due and payable upon any such declaration, and accrued the same shall become and be immediately due and payable. If an Event of Default specified in clause (6) or (7) of Section 9.1 occurs, all unpaid interest on all principal of the Notes will then outstanding shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee Purchasers’ Agent or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration Majority-in-Interest of the Notes because then outstanding by notice to the Company may rescind an Event acceleration and its consequences if (a) all existing Events of Default under Section 6.01(a)(5) has occurred and is continuingDefault, other than the declaration nonpayment of acceleration the principal of the Notes shall be automatically annulled if which has become due solely by such declaration of acceleration, have been cured or waived; (b) to the event extent the payment of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or curedinterest is lawful, or waived interest (calculated at the rate per annum borne by the holders Notes) on overdue installments of the relevant Indebtednessinterest and overdue principal, or the relevant Indebtedness that gave rise to which has become due otherwise than by such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto acceleration, has been paid; and if (ic) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium jurisdiction. No such rescission shall affect any subsequent default or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedimpair any right consequent thereto.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Focus Enhancements Inc), Senior Secured Note Purchase Agreement (Focus Enhancements Inc)
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (9) or (10) of Section 6.01(a)(68.1) occurs and is continuing, the Trustee may, by notice to the Company, or the Holders of at least 25% in aggregate principal ofamount of the Securities then outstanding may, premiumby notice to the Company and the Trustee, declare all unpaid principal to the date of acceleration on the Securities then outstanding (if anynot then due and payable) to be due and payable upon any such declaration, and accrued the same shall become and be immediately due and payable. If an Event of Default specified in clause (9) or (10) of Section 8.1 occurs, all unpaid interest on all principal of the Notes will Securities then outstanding shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the Securities then outstanding Notes by notice to the Trustee may andrescind an acceleration of Securities and its consequences if (a) all existing Events of Default, if directed by holders of at least 25% in aggregate principal amount other than the nonpayment of the then outstanding Notes, principal of the Trustee shall, declare all the Notes to be Securities which has become due and payable immediately. In the event of a solely by such declaration of acceleration acceleration, have been cured or waived; (b) to the extent the payment of the Notes because an Event such interest is lawful, interest on overdue installments of Default under Section 6.01(a)(5) interest and overdue principal, which has occurred and is continuing, the become due otherwise than by such declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or curedacceleration, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have has been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if paid; (ic) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction jurisdiction; and (iid) all existing Events of Default, except nonpayment of principal, premium or interest on payments due to the Notes that became due solely because of the acceleration of the Notes, Trustee and any predecessor Trustee under Section 9.7 have been cured made. No such rescission shall affect any subsequent default or waivedimpair any right consequent thereto.
Appears in 2 contracts
Samples: Indenture (Americredit Financial Services of Canada LTD), Indenture (Americredit Corp)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in clause (5) or (6) of Section 6.01(a)(6)6.01 hereof) occurs and is continuing, the Trustee may, by Notice to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Notes may andoutstanding, if directed by holders of at least 25% in aggregate principal amount of notice to the then outstanding NotesCompany and the Trustee, and the Trustee shall, upon the request of such Holders, declare all the unpaid principal, premium, if any, and accrued interest on and Liquidated Damages, if any, with respect to, the Notes to be due and payable immediately. In If any Event or Default under clause (5) or (6) of Section 6.01 hereof occurs, all unpaid principal, premium, if any, accrued interest on and Liquidated Damages, if any, with respect to the event Notes then outstanding shall IPSO FACTO become and be immediately due and payable without declaration or other act on the part of the Trustee or any Holder. The Holders of at least a declaration of acceleration majority in aggregate principal amount of the Notes because then outstanding by written notice to the Trustee and to the Company may rescind an Event acceleration and its consequences (except an acceleration due to a default in payment of Default under Section 6.01(a)(5) has occurred principal of, premium, if any, and is continuingaccrued interest on and Liquidated Damages, if any, with respect to, the declaration of acceleration of the Notes shall be automatically annulled Notes) if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of DefaultDefault have been cured or waived except non-payment of principal of, except nonpayment of principalpremium, premium or if any, and accrued interest on the Notes and Liquidated Damages, if any, that became has become due solely because of the acceleration of the Notes, have been cured or waivedacceleration.
Appears in 2 contracts
Samples: Nortek Inc, Nortek Inc
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) above) occurs and is continuing, continuing the Trustee by notice to the Issuers or the Holders of at least 2530% in aggregate principal amount of the then outstanding Notes may andunder this Indenture by written notice to the Issuers and the Trustee, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesmay, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest, including Additional Amounts, if any, on all the Notes under this Indenture to be due and payable. Upon such a declaration, such principal, premium and accrued and unpaid interest, including Additional Amounts, if any, will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under described in Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest interest, including Additional Amounts, if any, on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 2 contracts
Samples: Assignment Agreement (NXP Semiconductors N.V.), NXP Semiconductors N.V.
Acceleration. If an Event of Default (other than an Event of Default described in clause (8) of Section 6.01(a)(66.1) occurs and is continuing, the Trustee by notice to the Company, or the Holders of at least 25% in principal amount of the outstanding Securities by notice to the Company and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest interest, if any, on all the Notes will become and Securities to be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderspayable. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs Upon such a declaration, such principal, premium and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to accrued and unpaid interest will be due and payable immediately. In the event of a declaration of acceleration of the Notes Securities because an Event of Default under described in clause (6) of Section 6.01(a)(5) 6.1 has occurred and is continuing, the declaration of acceleration of the Notes Securities shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to clause (6) of Section 6.01(a)(5) 6.1 shall be remedied or cured, cured by the Company or a Restricted Subsidiary of the Company or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 20 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes Securities would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes Securities that became due solely because of the acceleration of the NotesSecurities, have been cured or waived.. If an Event of Default described in clause (8) of Section
Appears in 1 contract
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (7) or (8) of Section 6.01(a)(66.01 that occurs with respect to the Parent or the Issuers) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (5) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (5) of Section 6.01 shall be remedied or cured by the Parent or the relevant Significant Subsidiary or waived by the holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event or Default specified in clause (7) or (8) of Section 6.01 occurs with respect to the Parent or the Issuers, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of written notice to the then outstanding Notes, Issuers and to the Trustee shall, declare may waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 1 contract
Samples: Sabra Health Care REIT, Inc.
Acceleration. If an Event of Default described (other than an Event of Default specified in clauses (g) or (h) of Section 6.01(a)(68.01 hereof) occurs and is continuing, the Trustee by notice to the Company, or the Holders of at least 25% in principal amount of the then outstanding Notes by notice to the Company and the Trustee, may declare all the Notes to be due and payable. Upon such declaration, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will shall be due and payable immediately. If an Event of Default specified in clause (g) or (h) of Section 8.01 hereof occurs, such an amount shall IPSO FACTO become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event the Notes have been declared due and payable as a result of Default the acceleration of Indebtedness prior to its express maturity pursuant to Section 8.01(e)(ii), such declaration shall be automatically rescinded if the acceleration of such indebtedness has been rescinded or annulled within 30 days after such acceleration in accordance with the mortgage, indenture or instrument under which it was issued and the conditions set forth in clauses (other than an Event of Default described i) and (ii) in Section 6.01(a)(6)) occurs and is continuingthe next paragraph are satisfied. Except as otherwise provided in the immediately preceding paragraph, the Trustee or the Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, notice to the Trustee shall, declare all the Notes to be due may rescind an acceleration and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if its consequences (i) if the annulment of the acceleration of the Notes recission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default have been cured or waived except nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 1 contract
Samples: Invitrogen Corp
Acceleration. If an Event of Default described (other than an Event of Default with respect to the company specified in clauses (vii) and (viii) of Section 6.01(a)(66.01 hereof) occurs and is continuing, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Notes may declare the unpaid principal of, premium, if any, and accrued and unpaid interest and Liquidated Damages, if any, on all the Notes will to be due and payable by notice in writing to the Company (and the Trustee, if given by the Holders) specifying the respective Event of Default and that it is a "notice of acceleration" (the "Acceleration Notice"), and the same (i) shall become immediately due and payable or (ii) if there are any amounts outstanding under the Credit Facility, shall become immediately due and payable upon the first to occur of an acceleration under the Credit Facility or 5 Business Days after receipt by the Company and the Representative under the Credit Facility of such Acceleration Notice but only if such Event of Default is then continuing. If an Event of Default with respect to the Company specified in clauses (vii) or (viii) of Section 6.01 hereof occurs, all outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, written notice to the Trustee shall, declare all the Notes to be due may rescind an acceleration and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled its consequences if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default (except nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of the acceleration of the Notes, 55 64 acceleration) have been cured or waived.
Appears in 1 contract
Samples: Graham Field Health Products Inc
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in clause (6) or (7) of Section 6.01(a)(6)6.01(a) hereof) occurs and is continuingcontinuing under this Indenture, the Trustee by written notice to the Issuers or the Holders of at least 2530.0% in aggregate principal amount of the then total outstanding Notes by written notice to the Issuers and Trustee 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. Any time period to cure any actual or alleged Default or Event of Default may be extended or stayed by a court of competent jurisdiction. Upon the effectiveness of such declaration, such principal and interest shall be due and payable immediately. The Trustee shall have no obligation to accelerate the Notes. Notwithstanding the foregoing, in the case of an Event of Default arising under clause (6) or (7) of Section 6.01(a) hereof, all outstanding Notes shall be due and payable immediately without further action or notice. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may and, if directed by holders on behalf of at least 25% in aggregate principal amount all of the then outstanding NotesHolders rescind an acceleration and its consequences; provided, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering that such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default (except nonpayment of principal, premium interest, or interest on the Notes premium, if any, that became has become due solely because of the acceleration of the Notes, acceleration) have been cured or waived.
Appears in 1 contract
Samples: Indenture (Viasat Inc)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described of the type specified in clause (vi) or (vii) of Section 6.01(a)(6)6.01(a) hereof) occurs and is continuingcontinuing under this Indenture, the Trustee by notice to the Issuer, or the Holders of at least 25% in principal amount of the then total outstanding Notes by notice to the Issuer with a copy to the Trustee, in either case specifying in such notice the respective Event of Default and that such notice is a “notice of acceleration” 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 in cash. Upon the effectiveness of such declaration, such principal of and premium, if any, on, and interest will be due and payable immediately. Notwithstanding the foregoing, in the case of an Event of Default arising under clause (vi) or (vii) of Section 6.01(a) hereof, all outstanding Notes (including the principal, premium, if any, interest and any other monetary obligations on all then outstanding Notes) will become due and payable immediately in cash without further action or notice. The Trustee shall have no obligation to accelerate the Notes. The Holders of a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, notice to the Trustee shall, declare may on behalf of all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of Holders rescind any acceleration with respect thereto and if (i) the annulment of the acceleration of to the Notes and its consequences under this Indenture (except if such rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (iijurisdiction) if all existing Events of Default, Default (except nonpayment of principalinterest on, premium premium, if any, or interest on the Notes principal of any Note held by a non-consenting Holder that became has become due solely because of the acceleration of the Notes, acceleration) have been cured or waived.
Appears in 1 contract
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in clause (d) or (e) of Section 6.01(a)(67.01 hereof)) , occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Subordinated Notes may anddeclare the principal, premium, if directed by holders any, interest (including interest accrued or deferred) and any other monetary obligations on all of at least 25% the Subordinated Notes to be due and payable immediately; provided, however, that no such declaration may be made unless and until all Obligations under the Senior Secured Notes and the Senior Secured Note Indenture have been paid in full and the same have been discharged. Notwithstanding the foregoing, if (i) an Event of Default specified in clause (d) or (e) of Section 7.01 hereof occurs and (ii) all obligations under the Senior Secured Notes and the Senior Secured Note Indenture have been paid in full, then the principal, premium, if any, interest (including all interest accrued or deferred) and any other monetary obligations on all of the outstanding Subordinated Notes shall be due and payable immediately without further action or notice. The Holders of a majority in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare Subordinated Notes may on behalf of all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because Holders rescind an Event of Default under Section 6.01(a)(5) has occurred acceleration and is continuing, the declaration of acceleration of the Notes shall be automatically annulled its consequences if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default (except nonpayment of principal, interest or premium or interest on the Notes that became has become due solely because of the acceleration of the Notes, acceleration) have been cured or waived.
Appears in 1 contract
Samples: Note Purchase Agreement (Waterford Gaming Finance Corp)
Acceleration. If any Event of Default (other than an Event of Default described in Section 6.1(a)(8) or Section 6.1(a)(9)) occurs and is continuing under this Indenture, the Trustee by written notice to the Issuer, or the Holders of at least 25% in principal amount of the then total outstanding Notes by written notice to the Issuer and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest (including Additional Interest), if any, and any other monetary obligations on all the then outstanding Notes to be due and payable immediately. Upon the effectiveness of such notice, such principal, premium and accrued and unpaid interest (including Additional Interest) and any other monetary obligations on all the then outstanding Notes shall be due and payable immediately. If an Event of Default described in Section 6.01(a)(66.1(a)(8) or Section 6.1(a)(9) occurs with respect to the Issuer and is continuing, the principal of, premium, if any, and accrued and unpaid interest (including Additional Interest) and any other monetary obligations on all the Notes will shall become and be immediately due and payable without any declaration or other act or notice on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes has occurred because an Event of Default under specified in Section 6.01(a)(56.1(a)(6) has occurred and is continuing, the declaration of the acceleration of the Notes shall be annulled, waived and rescinded, automatically annulled and without any action by the Trustee or the Holders, if the event of default or payment default triggering within 20 days after such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.arose:
Appears in 1 contract
Samples: Indenture (Crown Media Holdings Inc)
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in clauses (viii) or (ix) of Section 6.01(a)(6)6.1) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuer and the Trustee, may declare the principal of, premium, if any, interest and other monetary obligations (including Additional Amounts, if any, and Liquidated Damages, if any) on all the then outstanding Notes may andto be immediately due and payable. Upon such a declaration, such principal of, premium, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shall, declare all accrued and unpaid interest and other monetary obligations on the Notes to shall be immediately due and payable immediatelypayable. In the event of a declaration of acceleration of the Notes because an Event of Default under set forth in clause (vi) of Section 6.01(a)(5) 6.1 above has occurred and is continuing, the such declaration of acceleration of the Notes shall be automatically rescinded and annulled if the event of default or payment default triggering such Event of Default pursuant to clause (vi) of Section 6.01(a)(5) 6.1 shall be remedied or cured, cured by the Parent and/or the relevant Restricted Subsidiaries or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 60 days after the declaration of acceleration with respect thereto thereto. If an Event of Default specified in clauses (viii) or (ix) of Section 6.1 above occurs, the principal of, premium, if any, accrued interest and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest other monetary obligations on the Notes that became then outstanding shall become and be immediately due solely because and payable without any declaration or other act on the part of the acceleration Trustee or any Holder. The Trustee shall have no obligation to accelerate the Notes if in the best judgment of the Trustee acceleration is not in the best interest of the Holders of such Notes, have been cured or waived.
Appears in 1 contract
Samples: Avery Berkel Holdings LTD
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in clause (vii) or clause (viii) of Section 6.01(a)(6)7.01) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes, may declare the principal of and accrued but unpaid interest on all the Notes may andto be due and payable (collectively, the "DEFAULT AMOUNT) by notice in writing to the Company, the administrative agent under the Credit Agreement (if directed by holders any Debt is then outstanding under the Credit Facility) and the Trustee specifying the respective Event of at least 25% Default and that it is a "notice of acceleration"; PROVIDED, HOWEVER, that the failure to so notify the administrative agent under the Credit Facility shall not affect the validity of such acceleration. Upon such a declaration, the Default Amount shall be due and payable immediately, subject to Article IX and XI of this Indenture. Notwithstanding the foregoing, in case of an Event of Default specified in clause (vii) or clause (viii) of Section 7.01, all outstanding Notes shall IPSO FACTO become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders of the Notes. Under certain circumstances, the Holders of a majority in aggregate principal amount of the then outstanding Notes, Notes by written notice to the Trustee shall, declare may on behalf of all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because Holders rescind an Event of Default under Section 6.01(a)(5) has occurred acceleration and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if its consequences (i) if the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, Default (except nonpayment of principal, interest or premium or interest on the Notes that became has become due solely because of the acceleration of the Notes, acceleration) have been cured or waivedwaived and (iii) the Company has paid the Trustee all amounts due pursuant to Section 8.07.
Appears in 1 contract
Samples: Indenture (Goss Holdings Inc)
Acceleration. If an Event of Default described (other than an Event of Default with respect to the Company specified in Section 6.01(a)(66.01(7) occurs and is continuing, the Trustee, by written notice to the Company, or the Holders of at least 25% in aggregate principal ofamount of the outstanding Securities, premiumby written notice to the Company and the Trustee, if any, may declare all unpaid principal of and accrued and unpaid interest on all the Notes will Securities then outstanding to be due and payable (the "DEFAULT Amount"). Upon a declaration of acceleration, such amount shall be due and payable immediately. If an Event of Default with respect to the Company specified in Section 6.01(7) occurs, the Default Amount shall IPSO FACTO become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the Securities then outstanding Notes may andoutstanding, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, written notice to the Trustee shalland the Company, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because may rescind an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto to the Securities and its consequences if (i) all existing Defaults and Events of Default, other than the annulment non-payment of the acceleration principal of the Notes Securities which 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 principal, which has become due otherwise than by such declaration of acceleration, has been paid and (iii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedjurisdiction.
Appears in 1 contract
Samples: Indenture (BMCA Quakertown Inc.)
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.1(a)(viii) or (ix) with respect to the Issuers or any Subsidiary thereof) occurs and is continuing, the Holders of at least 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Issuers and the Trustee, and the Trustee upon the written request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes, shall declare the principal of and accrued interest on all the Notes to be due and payable immediately. Upon any such declaration such principal, premium, if any, and accrued interest shall become due and payable immediately. If an Event of Default specified in Section 6.1(a)(viii) or (ix) with respect to the Issuers or any Subsidiary occurs and is continuing, then the principal of, premium, if any, and accrued and unpaid interest on all the Notes will shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may andmay, by written notice to the Trustee, rescind such declaration or event of acceleration if all existing Events of Default have been cured or waived, other than the non-payment of principal of, premium, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shall, declare all and accrued interest on the Notes to be that have become due solely as a result of such acceleration and payable immediately. In if the event of a declaration rescission of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium decree. No such rescission shall affect any subsequent default or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedimpair any right consequent thereto.
Appears in 1 contract
Samples: Indenture (Aoa Capital Corp)
Acceleration. If an Event of Default described (other than an Event of Default specified in clauses (6) and (7) of Section 6.01(a)(66.1 with respect to the Company) occurs and is continuing, the Trustee or the Holders of at least 25% in principal ofamount of the then outstanding Securities by notice to the Company (and to the Trustee if such notice is given by the Holders), premium, if any, may declare the unpaid principal of and accrued and unpaid interest on all the Notes will Securities to be due and payable. Upon such declaration the principal and interest shall be due and payable. In the event of a declaration of acceleration under the Indenture because an Event of Default set forth in Section 6.1(4) has occurred and is continuing, such declaration of acceleration shall be automatically annulled if the holders of the indebtedness which is the subject of such Event of Default have rescinded their declaration of acceleration in respect of such indebtedness within 30 days thereof and no other Event of Default has occurred during such 30-day period which has not been cured or waived. If an Event of Default specified in clause (6) or (7) of Section 6.1 occurs, such an amount shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed Securities by holders of at least 25% in aggregate principal amount of the then outstanding Notes, notice to the Trustee shall, declare all the Notes to be due may rescind an acceleration and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled its consequences if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default have been cured or waived except nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of the acceleration of the Notes, have been cured or waivedacceleration.
Appears in 1 contract
Samples: Pioneer Financial Services Inc /De
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.1(5) or 6.1(6) occurs and is continuing, the Trustee by notice to the Company, or the Holders of a majority in principal ofamount of the Securities then outstanding by notice to the Company and the Trustee, premiummay declare to be due and payable immediately the principal amount of the Securities plus accrued interest to the date of acceleration. Upon any such declaration, if anysuch amount shall be due and payable immediately, and upon payment of such amount all of the Company's obligations with respect to the Securities, other than obligations under Section 7.7, shall terminate. If an Event of Default specified in Section 6.1(5) or 6.1(6) occurs, all unpaid principal and accrued and unpaid interest on all the Notes will Securities then outstanding shall become and be immediately due and payable without any declaration or other the act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes Securities by written notice to the Trustee may andrescind an acceleration and its consequences if (x) all existing Events of Default, other than the non-payment of the principal of the Securities, which have become due solely by such declaration of acceleration, have been cured or waived, (y) to the extent the payment of such interest is lawful, interest on overdue installments of interest and overdue principal and premium, if directed any, which has become due otherwise than by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a such declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) acceleration, has occurred been paid, and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (iz) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.competent
Appears in 1 contract
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in subsection (i) or (j) of Section 6.01(a)(6)7.01 with respect to the Parent or any Significant Subsidiary or any group of Restricted Subsidiaries that, taken as a whole, would constitute a Significant Subsidiary) occurs and is continuingcontinuing and has not been waived by the Holders, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of Upon any such declaration, the Notes because shall become due and payable immediately. Notwithstanding the foregoing, if an Event of Default under specified in subsection (i) or (j) of Section 6.01(a)(5) has occurred and is continuing7.01 occurs with respect to the Parent or any Significant Subsidiary or any group of Restricted Subsidiaries that, the declaration of acceleration of the taken as a whole, would constitute a Significant Subsidiary, all outstanding Notes shall be automatically annulled due and payable immediately without further action or notice. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes by written notice to the Company and the Trustee may on behalf of all of the Holders rescind an acceleration and its consequences if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default (except nonpayment of principal, premium premium, if any, interest or interest on the Notes Additional Interest, if any, that became has become due solely because of the acceleration of the Notes, acceleration) have been cured or waivedwaived and all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements, and advances of the Trustee and its agents and counsel have been paid or deposited with the Trustee.
Appears in 1 contract
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (7) or (8) of Section 6.01(a)(65.1 that occurs with respect to the Parent or the Issuer) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuer (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (5) of Section 5.1 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (5) of Section 5.1 shall be remedied or cured by the Parent or the relevant Significant 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 clause (7) or (8) of Section 5.1 occurs with respect to the Parent or the Issuer, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of written notice to the then outstanding Notes, Issuer and to the Trustee shall, declare may waive all the Notes to be due past defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 1 contract
Samples: Sabra Health Care Limited Partnership (Sabra Health Care REIT, Inc.)
Acceleration. If an Event of Default described specified in Section 6.01(a)(65.01(c) or Section 5.01(d) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on Principal (or portion thereof) of all the Notes will Securities shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersSecurityholders, notwithstanding, for purposes of the effectiveness of such acceleration, the second sentence of Section 3.01 and without respect to whether there are or will be Borrower Loan Net Payments in respect of the Corresponding Borrower Loans. If The Holders of a majority in aggregate Principal Amount of all Outstanding Securities, by notice to the Trustee (and without notice to any other Event of Default (other than Securityholder), may rescind an Event of Default described in Section 6.01(a)(6)) occurs acceleration and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and its consequences if (ia) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction decree, and (iib) all existing Events of Default, except nonpayment of principal, premium Default specified in Section 5.01(c) or interest on the Notes that became due solely because of the acceleration of the Notes, Section 5.01(d) have been cured or waived. No such rescission shall affect any subsequent Default or impair any right consequent thereto. For the avoidance of doubt, (i) there shall be no acceleration of the Principal (or portion thereof) of any Securities upon the occurrence of an Event of Default other than an Event of Default specified in Section 5.01(c) or Section 5.01(d), and (ii) the acceleration of any Securities shall not limit the application of the second sentence of Section 3.01 to the calculation of the amounts actually payable on any Securities or limit or affect the conditions to the right of any Holder to receive such amounts in respect of such Holder’s Securities.
Appears in 1 contract
Acceleration. (a) If an Event of Default (other than an Event of Default described in Section 6.01(a)(66.01(a)(5) above) occurs and is continuingcontinuing the Trustee by notice to either Issuer or the Holders of a series of Notes of at least 30% in aggregate principal amount of the outstanding Notes of the applicable series under this Indenture by written notice to either Issuer and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest interest, including Additional Amounts, if any, on all the Notes will become and of such series under this Indenture to be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderspayable. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs Upon such a declaration, such principal, premium and is continuingaccrued and unpaid interest, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may andincluding Additional Amounts, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shall, declare all the Notes to will be due and payable immediately. In the event of a declaration of acceleration of the Notes of such series because an Event of Default under described in Section 6.01(a)(56.01(a)(4) has occurred and is continuing, the declaration of acceleration of the such Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(56.01(a)(4) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the such Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium or interest interest, including 39 Additional Amounts, if any, on the such Notes that became due solely because of the acceleration of the such Notes, have been cured or waived.
Appears in 1 contract
Samples: NXP Semiconductors N.V.
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.. 128
Appears in 1 contract
Samples: Altice USA, Inc.
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.01(f) or (g)) shall occur and be continuing, the Holders of at least 25% in principal amount of outstanding Securities may declare the principal of and accrued and unpaid interest on all the Securities to be due and payable by notice in writing to the Company specifying the respective Event of Default and that it is a “notice of acceleration”, and the same shall become immediately due and payable. If an Event of Default specified in Section 6.01(f) or (g) occurs and is continuing, the then all unpaid principal of, of and premium, if any, and accrued and unpaid interest on all of the Notes will outstanding Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of any Holder. At any time after a declaration of acceleration with respect to the Trustee or any Holders. If any other Event of Default (other than an Event of Default Securities as described in Section 6.01(a)(6)) occurs and is continuingthe preceding paragraph, the Trustee or the Holders of at least 2575% in aggregate principal amount of the then outstanding Notes Securities may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due rescind and payable immediately. In the event of a cancel such declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if its consequences (i) if the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and decree, (ii) if all existing Events of Default, Default have been cured or waived except nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of the acceleration acceleration, (iii) to the extent the payment of such interest is lawful, interest on overdue installments of interest and overdue principal, which has become due otherwise than by such declaration of acceleration, has been paid, and (iv) in the event of the Notescure or waiver of an Event of Default of the type described in clause (f) or (g) of Section 6.01, the Holder shall have received an Officers’ Certificate that such Event of Default has been cured or waived. No such rescission shall affect any subsequent Default or impair any right consequent thereto.
Appears in 1 contract
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.. Section 6.03
Appears in 1 contract
Samples: Indenture (Sothebys)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, 119 premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 1 contract
Samples: Altice USA, Inc.
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (8) or (9) of Section 6.01(a)(66.01 that occurs with respect to an Issuer) occurs and is continuing under this Indenture, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of the Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall, declare the principal of, premium, if any, and accrued interest on the Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. In the event of a declaration of acceleration because an Event of Default set forth in clause (6) of Section 6.01 has occurred and is continuing, such declaration of acceleration shall be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to clause (6) of Section 6.01 shall be remedied or cured by the relevant Issuer or Significant Subsidiary or waived by the Holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event or Default specified in clause (8) or (9) of Section 6.01 occurs with respect to an Issuer, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will then outstanding shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of written notice to the then outstanding Notes, Issuers and to the Trustee shall, declare may waive all the Notes to be due past Defaults and payable immediately. In the event of rescind and annul a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.its consequences if:
Appears in 1 contract
Samples: Medical Properties Trust Inc
Acceleration. If In the case of an Event of Default described specified in Section 6.01(a)(66.01(i) occurs and is continuingor 6.01(j) hereof, with respect to the Issuer, the Company, any Restricted Subsidiary of the Company that is a Significant Subsidiary or any group of Restricted Subsidiaries of the Company that, taken together, would constitute a Significant Subsidiary, then the principal of, premium, if any, of and accrued and unpaid interest on all the outstanding Notes will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdersnotice. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders declare the principal of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare and accrued and unpaid interest on all the Notes to be due and payable immediately. In the event The Holders of a declaration of acceleration majority in aggregate principal amount of the then outstanding Notes because an Event by written notice to the Trustee may, on behalf of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration all of the Notes shall be automatically annulled if Holders of all the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or curedNotes, or waived by the holders of the relevant Indebtednessrescind an acceleration and its consequences hereunder, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in fullif, within 30 days after the declaration of acceleration with respect thereto and if among other things, (i1) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and jurisdiction, (ii2) all existing Events of Default, except other than the nonpayment of principalthe principal of, premium or premium, if any, on, and interest on on, the Notes that became has become due solely because by such declaration of the acceleration of the Notesacceleration, have been cured or waivedwaived and (3) the Trustee has been paid all amounts then owing to the Trustee under Section 7.06 hereof.
Appears in 1 contract
Samples: Indenture (Berry Petroleum Corp)
Acceleration. If an Event of Default described (other than an Event of Default specified in clauses (g) and (h) of Section 6.01(a)(66.01 hereof) occurs and is continuing, the Trustee by notice to the Company, or the Holders of at least 25% in principal amount at maturity of the then outstanding Notes by notice to the Company and the Trustee, may declare all the Notes to be due and payable. Upon such declaration, the principal of, premium, if any, and accrued interest on, and unpaid interest on all Liquidated Damages, if any, with respect to, the Notes will shall be due and payable immediately. If an Event of Default specified in clause (g) or (h) of Section 6.01 hereof occurs, such an amount shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If The Holders of a majority in principal amount of the then outstanding Notes by notice to the Trustee may rescind an acceleration and its consequences if the rescission would not conflict with any other 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. In the case of any Event of Default pursuant to the provisions of Section 6.01 occurring by reason of any willful action (other than or inaction) taken (or not taken) by or on behalf of the Company with the intention of avoiding payment of the premium that the Company would have had to pay if the Company then had elected to redeem the Notes pursuant to Section 7 of the Initial Notes -44- 167 (Section 6 in the case of the New Notes), an Event equivalent premium shall, upon demand of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may anddelivered to the Company and the Trustee, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to also become and be immediately due and payable immediately. In to the event of a declaration of acceleration of extent permitted by law, anything in this Indenture or in the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, contained to the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedcontrary notwithstanding.
Appears in 1 contract
Samples: Bridge Loan Agreement (NTL Inc /De/)
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.01(4) or (5)) occurs and is continuing, the Trustee by notice to the Company, or the Holders of at least 25% in principal ofamount of the Securities then outstanding by notice to the Company and the Trustee, premium, if any, and may declare the principal amount including any accrued and unpaid interest on the Securities due and payable upon the earlier to occur of (x) the fifth (5th) day after notice thereof has been give to holders of Designated Senior Indebtedness and (y) the date on which all of the Designated Senior Indebtedness has been accelerated. If an Event of Default under clause Section 6.01(4) or (5) occurs, the principal amount of all the Notes Securities will automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event The Company shall promptly notify holders of Default (other than Designated Senior Indebtedness if payment of the Securities is accelerated because of an Event of Default described Default. After a declaration of acceleration, but before a judgment or decree of the money due in Section 6.01(a)(6)) occurs and is continuingrespect of the Securities has been obtained, the Trustee or the Holders of at least 25% not less than a majority in aggregate principal amount of the Securities then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, written notice to the Trustee shall, declare all the Notes to be due may rescind an acceleration and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and its consequences if (i) all existing Events of Default (other than the annulment nonpayment of principal of and interest on the acceleration Securities which has become due solely by virtue of such acceleration) have been cured or waived, (ii) the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (iiiii) the Company shall have paid all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became amounts due solely because of the acceleration of the Notes, have been cured or waivedpursuant to Section 7.07.
Appears in 1 contract
Samples: Venator Group Inc
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) above) occurs and is continuing, continuing the Trustee by notice to either Issuer or the Holders of at least 2530% in aggregate principal amount of the then outstanding Notes may andunder this Indenture by written notice to either Issuer and the Trustee, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesmay, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest, including Additional Amounts, if any, on all the Notes under this Indenture to be due and payable. Upon such a declaration, such principal, premium and accrued and unpaid interest, including Additional Amounts, if any, will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under described in Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.if
Appears in 1 contract
Acceleration. If an any Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. Notwithstanding the foregoing, in the case of an Event of Default as described in clause (vii) or (viii) of Section 6.01 hereof, all outstanding Notes will become due and payable without further action or notice. Upon such declaration, all principal of and accrued interest and Liquidated Damages, if any, on (if on or after October 15, 2002) or Accreted Value of and Liquidated Damages, if any, on (if prior to October 15, 2002) the Notes shall be due and payable immediately. Holders of the Notes may not enforce this Indenture or the Notes except as provided in this Indenture. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuingcontinuing as a result of the acceleration of any Indebtedness described in clause (v) of Section 6.01 hereof, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant any Indebtedness that gave rise to such Event described in clause (v) of Default shall Section 6.01 hereof have been discharged in full, within 30 days after rescinded the declaration of acceleration with in respect thereto of such Indebtedness within 30 days of the date of such declaration and if (iy) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (iiz) all existing Events of Default, except nonpayment of principal, premium principal or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 1 contract
Samples: J Crew Group Inc
Acceleration. If an Event of Default described (other than an Event of Default specified in clause (5) or (6) of Section 6.01(a)(68.1) occurs and is continuing, the Trustee may, by notice to the Company, or the Holders of at least 25% in principal ofamount of the Securities then outstanding may, premium, if anyby notice to the Company and the Trustee, and the Trustee shall, upon the request of such Holders, declare all unpaid principal of and accrued interest to the date of acceleration on the Securities then outstanding (if not then due and payable) to be due and payable upon any such declaration, and the same shall become and be immediately due and payable. If an Event of Default specified in clause (5) or (6) of Section 8.1 occurs, all unpaid principal of and accrued interest on all the Notes will Securities then outstanding shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersSecurityholder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the Securities then outstanding Notes by notice to the Trustee may andrescind an acceleration and its consequences if (a) all existing Events of Default, if directed by holders of at least 25% in aggregate principal amount other than the nonpayment of the then outstanding Notes, principal of and accrued interest on the Trustee shall, declare all the Notes to be Securities which has become due and payable immediately. In the event of a solely by such declaration of acceleration acceleration, have been cured or waived; (b) to the extent the payment of the Notes because an Event such interest is lawful, interest on overdue installments of Default under Section 6.01(a)(5) interest and overdue principal, which has occurred and is continuing, the become due otherwise than by such declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or curedacceleration, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have has been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if paid; (ic) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction jurisdiction; and (iid) all existing Events of Default, except nonpayment of principal, premium or interest on payments due to the Notes that became due solely because of the acceleration of the Notes, Trustee and any predecessor Trustee under Section 9.7 have been cured or waived.made. Anything herein contained to the contrary notwithstanding, in
Appears in 1 contract
Acceleration. If (a) In the case of an Event of Default described specified in clauses (9), (10), (11) and (12) of Section 6.01(a)(6) occurs and is continuing6.01 hereof, the principal of, premium, if any, and accrued and unpaid interest on all the outstanding Notes will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdersnotice. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under specified clause (5) of Section 6.01(a)(5) 6.01 hereof has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event Event of default Default or payment default triggering such Event of Default pursuant to clause (5) of Section 6.01(a)(5) 6.01 hereof shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default Default, or such Indebtedness shall have been discharged in full, within 30 20 days after the declaration Event of acceleration with respect thereto Default arose and if (i) the annulment of the acceleration (if applicable) of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment non-payment of principal, premium or interest interest, including Additional Amounts, if any, on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 1 contract
Samples: Indenture (Twist Beauty S.a r.l. & Partners S.C.A.)
Acceleration. If an Event of Default described (other than an Event of Default specified in Section 6.01(a)(66.1(a)(vi) or (vii) with respect to the Company) occurs and is continuing, unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture as contemplated by Section 2.2, the Trustee by notice in writing specifying the Event of Default and that it is a “notice” to the Company, or the Holders of at least 25% in principal amount of the then outstanding Notes by notice to the Company and the Trustee, may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may andinterest, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shall, declare on all the Notes to be due and payable immediatelypayable. Upon such a declaration, such principal, premium, if any, and accrued and unpaid interest, if any, shall, subject to Section 6.4, be immediately due and payable. In the event of a declaration of acceleration of the Notes because an Event of Default under set forth in Section 6.01(a)(56.1(a)(v) above has occurred and is continuing, unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture as contemplated by Section 2.2, such declaration of acceleration of the Notes shall be automatically rescinded and annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(56.1(a)(v) shall be remedied or cured, cured by the Company or a Restricted Subsidiary or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.and
Appears in 1 contract
Samples: Indenture (Fidelity & Guaranty Life)
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in Section 6.01(a)(6)6.01(6) or (7) with respect to the Company) occurs and is continuingcontinuing and has not been waived pursuant to Section 6.04, the Trustee may, by notice to the Company, or the Holders of at least 25% in principal amount of the Notes then outstanding may, by written notice to the Company and the Trustee specifying the respective Event of Default and that it is a "notice of acceleration", and the Trustee shall, upon the request of such Holders, declare (a "Declaration") the aggregate principal amount of the then outstanding Notes may andoutstanding, if directed by holders together with accrued but unpaid interest thereon to the date of at least 25% in aggregate principal amount of the then outstanding Notespayment, the Trustee shall, declare all the Notes to be due and payable immediately. In (the "Default Amount") and, upon any such declaration, the same shall become immediately due and payable; PROVIDED, HOWEVER, that in the event there shall be any amounts outstanding under Designated Senior Debt, the Default Amount shall not become due and payable until the earlier to occur of either (x) an acceleration, or a declaration failure to pay at final maturity, under Designated Senior Debt, or (y) five Business Days after the notice of acceleration has been sent to the Company and each of the Notes because an Event of Default Representatives under Section 6.01(a)(5Designated Senior Debt (if any) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event unless no Events of Default shall have been discharged in fullbe then continuing; and PROVIDED, within 30 days after FURTHER, HOWEVER, that the declaration Trustee shall be under no obligation to follow any request of acceleration with respect thereto and if (i) the annulment any of the acceleration of Holders unless such Holders shall have offered to the Notes would not conflict Trustee, after request by the Trustee, reasonable security or indemnity against the costs, expenses and liabilities which may be incurred by it in compliance with any judgment such request, order or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waiveddirection.
Appears in 1 contract
Samples: Medianews Group Inc
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due 108 and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 1 contract
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all with respect to the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in clause (h) or (i) of Section 6.01(a)(6)6.01) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes Securities, by notice in writing to the Company (and to the Trustee if given 45 52 by the Holders), may declare the unpaid principal of (and premium, if any) and accrued interest to the date of acceleration on all outstanding Securities to be due and payable immediately and, upon any such declaration, such principal amount (and premium, if directed by holders any) and accrued interest, notwithstanding anything contained in this Indenture or the Securities to the contrary, will become immediately due and payable. If an Event of at least 25% Default specified in clause (h) or (i) of Section 6.01 with respect to the Company occurs, all unpaid principal of and accrued interest on all outstanding Securities shall ipso facto become immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. After a declaration of acceleration, but before a judgment or decree of the money due in respect of the Securities has been obtained, the Holders of not less than a majority in aggregate principal amount of the Securities then outstanding Notes, by written notice to the Trustee shall, declare may rescind an acceleration and its consequences if all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event existing Events of Default under Section 6.01(a)(5(other than the nonpayment of principal of and interest on the Securities which has become due solely by virtue of such acceleration) has occurred have been cured or waived and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium decree. No such rescission shall affect any subsequent Default or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedimpair any right consequent thereto.
Appears in 1 contract
Acceleration. If In the case of an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described a type specified in Section 6.01(a)(66.01(8) or (9)) ), occurs and is continuingcontinuing under this Indenture, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Notes may declare the principal, interest and any other monetary obligations (including with respect to any Additional Amounts) on all the then outstanding Notes issued under this Indenture to be due and payable immediately by notice in writing to the Company (with a copy to the Trustee, if such written notice is from Holders of at least 25% in principal amount of the then-outstanding Notes) specifying the Event of Default; provided, however, that after such acceleration, but before judgment or decree based on acceleration, Holders of a majority in aggregate principal amount of such outstanding Notes may, under certain circumstances, rescind and annul such acceleration if all Events of Default, other than the nonpayment of accelerated principal and interest, have been cured or waived as provided in this Indenture. Notwithstanding the foregoing, in the case of an Event of Default pursuant to Section 6.01(8) or (9), all outstanding Notes will become due and payable immediately without further action or notice. The Holders of a majority in aggregate principal amount of the then outstanding Notes may andby written notice to the Company and the Trustee may, on behalf of all of the Holders of all the Notes, rescind an acceleration and its consequences hereunder, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default (except nonpayment of principalprincipal of, premium premium, if any, on, or interest on on, the Notes that became has become due solely because of the acceleration of the Notes, acceleration) have been cured or waived.
Appears in 1 contract
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in clause (6) of Section 6.01(a)(66.01(a)) occurs and is continuing, the Trustee by notice to the Parent, or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may andby notice to the Parent and the Trustee, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesmay, and the Trustee at the request of such Holders shall, declare the principal of, premium, if any, Additional Amounts, if any, and accrued and unpaid interest, if any, on all the Notes to be due and payable. Upon such a declaration, such principal, premium, Additional Amounts and accrued and unpaid interest will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default described in clause (5) under Section 6.01(a)(56.01(a) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to clause (5) of Section 6.01(a)(56.01(a) shall be remedied or cured, cured by the Parent or a Restricted Subsidiary or waived by the holders Holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except nonpayment of principal, premium premium, Additional Amounts or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 1 contract
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in Section 6.01(a)(6Sections 6.1 (h) or (i)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes, then outstanding, by written notice to the Company, may declare the principal of, premium, if any, interest and other monetary obligations (including Additional Amounts, if any, and Liquidated Damages, if any) on all the then outstanding Notes may andto be immediately due and payable. Upon such a declaration, such principal of, premium, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shall, declare all interest and other monetary obligations on the Notes to shall be immediately due and payable immediatelypayable. In the event of a declaration of acceleration of the Notes because an Event of Default under set forth in Section 6.01(a)(56.1 (f) above has occurred and is continuing, the such declaration of acceleration of the Notes shall be automatically rescinded and annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(56.1 (f) shall be remedied or cured, cured by the Company and/or the relevant Restricted Subsidiaries or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 60 days after the declaration of acceleration with respect thereto and if thereto. If an Event of Default specified in Sections 6.1 (h) or (i) above occurs, the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction principal of, premium, if any, accrued interest and (ii) all existing Events of Default, except nonpayment of principal, premium or interest other monetary obligations on the Notes that became then outstanding shall ipso facto become and be immediately due solely because and payable without any declaration or other act on the part of the acceleration Trustee or any Holder. The Trustee shall have no obligation to accelerate the Notes if in the best judgment of the Trustee acceleration is not in the best interest of the Holders of such Notes, have been cured or waived.
Appears in 1 contract
Acceleration. If an In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default described in Section 6.01(a)(6) occurs and is continuingwhether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, the principal ofdecree or order of any court or any order, premiumrule or regulation of any administrative or governmental body), if anythen, and accrued in each and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default every such case (other than an Event of Default described specified in Section 6.01(a)(66.01(g) or Section 6.01(h) with respect to the Company)) occurs and is continuing, either the Trustee by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Notes outstanding, by notice in writing to the Company and the Trustee, may anddeclare 100% of the principal of, and accrued and unpaid interest, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shallon, declare all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall be immediately due and payable. In the event of a declaration of acceleration of the Notes because If an Event of Default under specified in Section 6.01(a)(56.01(g) has occurred or Section 6.01(h) with respect to the Company occurs and is continuing, 100% of the declaration of acceleration principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be immediately due and payable. The immediately preceding paragraph, however, is subject to the conditions that if, at any time after the principal of the Notes shall be automatically annulled if have been so declared due and payable, and before any judgment or decree for the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default monies due shall have been discharged in fullobtained or entered as hereinafter provided, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) any and all existing Events of DefaultDefault under this Indenture, except other than the nonpayment of principalthe principal of and accrued and unpaid interest, premium or interest if any, on the Notes that became shall have become due solely because of the acceleration of the Notesby such acceleration, shall have been cured or waivedwaived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Purchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes.
Appears in 1 contract
Samples: Indenture (United States Steel Corp)
Acceleration. If an Event of Default described (excluding an Event of Default specified in Section 6.01(a)(66.1(x) with respect to the Company occurs and is continuing, the Trustee by notice to the Company, or the Holders of at least fifty percent (50%) in aggregate principal amount of the Securities then outstanding by notice to the Company and the Trustee, may declare the Securities to be immediately due and payable in full. The notice must specify the Default, demand that it be remedied and state that the notice is a “Notice of Default”. If the Holders of at least fifty percent (50%) in aggregate principal amount of the outstanding Securities request in writing the Trustee to give such notice on their behalf, the Trustee shall do so. Upon such declaration, the principal of, premium, if any, and any accrued and unpaid interest on on, all Securities shall be due and payable immediately. If an Event of Default specified in Section 6.1(x) occurs, the principal of, and accrued and unpaid interest on, all the Notes will Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the Securities then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, written notice to the Trustee shall, declare all the Notes to be due may rescind or annul an acceleration and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and its consequences if (iA) the annulment of the acceleration of the Notes rescission would not conflict with any judgment order or decree of a court of competent jurisdiction and decree, (iiB) all existing Events of Default, except the nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of the acceleration of the Notesacceleration, have been cured or waivedwaived and (C) all amounts due to the Trustee under Section 7.7 have been paid.
Appears in 1 contract
Samples: Indenture (Terremark Worldwide Inc)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in Section 6.01(a)(6)6.01(6) or (7) with respect to the Company) occurs and is continuingcontinuing and has not been waived pursuant to Section 6.04, the Trustee may, by notice to the Company, or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Notes may andmay, if directed by holders written notice to the Company and the Trustee, and the Trustee shall, upon the request of at least 25% in such Holders, declare the aggregate principal amount of the then outstanding NotesSecurities outstanding, the Trustee shalltogether with accrued but unpaid interest, declare if any, on all the Notes Securities to be due and payable immediately. In by notice in writing to the event of a declaration of acceleration of Company and the Notes because an Trustee specifying the respective Event of Default under Section 6.01(a)(5) has occurred and that it is continuinga "notice of acceleration" (the "Acceleration Notice"), and the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if same (i) the annulment of the acceleration of the Notes would not conflict with any judgment shall become immediately due and payable or decree of a court of competent jurisdiction and (ii) if there are any amounts outstanding under the Credit Agreement, shall become due and payable upon the first to occur of an acceleration under the Credit Agreement or 5 Business Days after receipt by the Company and the Representative under the Credit Agreement of such Acceleration Notice (unless all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, Default specified in such Acceleration Notice have been cured or waived.). If an Event of Default specified in Section 6.01(6) or (7) with respect to the Company occurs and is continuing with respect to the Company, all unpaid principal and
Appears in 1 contract
Acceleration. If an Event of Default described (excluding an Event of Default specified in Section 6.01(a)(66.1(x) with respect to the Company (but including an Event of Default specified in Section 6.1(ix)) occurs and is continuing, the Trustee by notice to the Company, or the Holders of at least fifty percent (50%) in aggregate principal amount of the Securities then outstanding by notice to the Company and the Trustee, may declare the Securities to be immediately due and payable in full. The notice must specify the Default, demand that it be remedied and state that the notice is a “Notice of Default”. If the Holders of at least fifty percent (50%) in aggregate principal amount of the outstanding Securities request in writing the Trustee to give such notice on their behalf, the Trustee shall do so. Upon such declaration, the principal of, premium, if any, and any accrued and unpaid interest on on, all Securities shall be due and payable immediately. If an Event of Default specified in Section 6.1(x) occurs, the principal of, and accrued and unpaid interest on, all the Notes will Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the The Holders of at least 25% a majority in aggregate principal amount of the Securities then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, written notice to the Trustee shall, declare all the Notes to be due may rescind or annul an acceleration and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and its consequences if (iA) the annulment of the acceleration of the Notes rescission would not conflict with any judgment order or decree of a court of competent jurisdiction and decree, (iiB) all existing Events of Default, except the nonpayment of principal, premium principal or interest on the Notes that became has become due solely because of the acceleration of the Notesacceleration, have been cured or waivedwaived and (C) all amounts due to the Trustee under Section 7.7 have been paid.
Appears in 1 contract
Samples: Indenture (Terremark Worldwide Inc)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in Section 6.01(a)(66.01(h) or (i) with respect to the Partnership)) occurs , shall have occurred and is continuingbe continuing under this Indenture, the Trustee Trustee, by written notice to the Partnership, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Notes by written notice to the Partnership and the Trustee, may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare (an “acceleration declaration”) all amounts owing under the Notes to be due and payable immediatelypayable. In the event of a Upon such declaration of acceleration, the aggregate principal of and accrued and unpaid interest on the outstanding Notes shall immediately become due and payable (1) if there is no Indebtedness outstanding under any Credit Facility at such time, immediately and (2) if otherwise, upon the earlier of (x) the final maturity (after giving effect to any applicable grace period or extensions thereof) or an acceleration of any Indebtedness under any Credit Facility prior to the Notes because an Event express final stated maturity thereof and (y) five Business Days after the Representative under each Credit Facility receives the acceleration declaration, but, in the case of Default under Section 6.01(a)(5this clause (a) has occurred and is continuingonly, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or curedis then continuing; provided, or waived by the holders of the relevant Indebtednesshowever, or the relevant Indebtedness that gave rise to after such Event of Default shall have been discharged in fullacceleration, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any but before a judgment or decree based on acceleration, the Holders of a court majority in aggregate principal amount of competent jurisdiction such outstanding Notes may rescind and (ii) annul such acceleration if all existing Events of Default, except other than the nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notesaccelerated principal and interest, have been cured or waivedwaived as provided in this Indenture. If an Event of Default specified in clause (h) or (i) of Section 6.01 with respect to the Partnership occurs, all outstanding Notes shall become due and payable without any further action or notice.
Appears in 1 contract
Samples: Indenture (Stonemor Partners Lp)
Acceleration. (a) If an Event of Default described (in Section 6.01(a)(6respect of the Issuer) occurs and is continuingcontinuing under Sections 11.(g) or (h), then the outstanding principal ofof and interest on the Notes, premium, if any, and plus all accrued and but unpaid interest on all the Notes will principal amount of the Notes, plus the Prepayment Premium (if any),) and any other unpaid fees, shall automatically become and be immediately due and payable payable, without presentment, demand, protest or notice of any declaration or other act on the part kind, all of the Trustee or any Holderswhich are expressly waived. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or Majority Holders, by written notice to the Holders Issuer, may declare the principal of at least 25% in aggregate and interest on the Notes, plus all accrued but unpaid interest on the principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, plus the Trustee shallPrepayment Premium (if any), declare and any other unpaid fees, to all the Notes to be due and payable immediatelyimmediately payable. In the event of a Upon any such declaration of acceleration acceleration, all such principal, interest, premiums and fees, shall become immediately due and payable, without presentment, demand, protest or notice of any kind, all of which are expressly waived, and the Holders and the Collateral Agent shall be entitled to exercise all of their rights and remedies hereunder and under such Note or any other Note Document whether at law or in equity. Notwithstanding anything herein to the contrary, if the Notes are accelerated pursuant to this Section 11.2(a) as a result of the Notes because an Event of Default under failure by the Issuer to comply with any Financial Covenant set forth in Section 6.01(a)(58.14(a) has occurred or Section 8.14(b) and is continuing, the declaration of acceleration such failure was by less than 0.10x of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, Consolidated Total Net Leverage Ratio or the relevant Indebtedness that gave rise Interest Coverage Ratio, as applicable, then the Prepayment Premium, shall become immediately due and payable, in addition to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of other principal, premium or interest on the Notes that became due solely because of the acceleration of the Notesinterest, have been cured or waivedpremiums, fees and Obligations.
Appears in 1 contract
Samples: Note Purchase Agreement (Bioceres Crop Solutions Corp.)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, 123 within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 1 contract
Samples: Altice USA, Inc.
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described specified in clause (8) or (9) of Section 6.01(a)(66.01(a)) occurs and is continuingcontinuing under this Indenture, the Trustee by written notice to the Company, specifying the Event of Default, or the Holders of at least 25% in aggregate principal amount of the then total outstanding Notes may andby notice to the Company and the Trustee may, and the Trustee at the request of such Holders shall, declare the principal of, premium, if directed by holders of at least 25% in aggregate principal amount of any, accrued and unpaid interest and any other monetary obligations on all the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In Upon the event effectiveness of a declaration such declaration, such principal and interest shall be due and payable immediately. Notwithstanding the foregoing, in the case of acceleration of the Notes because an Event of Default arising under clause (8) or (9) of Section 6.01(a)(5) has occurred and is continuing6.01(a), the declaration of acceleration of the all outstanding Notes shall be automatically annulled if the event due and payable immediately without further action or notice. The Holders of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders a majority in principal amount of the relevant Indebtednessoutstanding Notes may waive all past defaults (except with respect to nonpayment of principal, premium or the relevant Indebtedness that gave rise to interest) and rescind any such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto to the Notes and its consequences if (i1) the annulment of the acceleration of the Notes such rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) all existing Events of Default, except other than the nonpayment of principalthe principal of, premium or premium, if any, and interest on the Notes that became have become due solely because by such declaration of the acceleration of the Notesacceleration, have been cured or waived.. If the Notes are accelerated or otherwise become due prior to their stated maturity, in each case as a result of an Event of Default (including, but not limited to, an Event of Default specified in Section 6.01(a)(8) or Section 6.01(a)(9) (including the acceleration of any portion of the Indebtedness evidenced by the Notes by operation of law)), the amount that shall then be due and payable shall be equal to:
Appears in 1 contract
Samples: Passu Intercreditor Agreement (United States Steel Corp)
Acceleration. If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default continuing (other than an Event of Default described specified in Section 6.01(a)(66.01(iv) relating to the Company or any of its Significant Subsidiaries)) occurs , then in every such case, unless the principal of all of the Notes shall have already become due and is continuingpayable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Notes outstanding, by notice in writing to the Company (and to the Trustee if given by Holders) (an "Acceleration Notice"), may anddeclare all principal, determined as set forth below, and accrued interest (and Liquidated Damages, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes any) thereon to be due and payable immediately. In the event of ; provided, however, that if any Bank Indebtedness is outstanding, upon a declaration of such acceleration, such principal and interest shall be due and payable upon the earlier of (x) the third Business Day after the sending to the Company and the holders of such Bank Indebtedness or their representative of such written notice, unless such Event of Default is cured or waived prior to such date and (y) the date of acceleration of the Notes because any Bank Indebtedness. If an Event of Default under specified in Section 6.01(a)(56.01(iv) has occurred occurs, all principal and is continuingaccrued interest (and Liquidated Damages, if any) thereon will be immediately due and payable on all outstanding Notes without any declaration or other act on the declaration of acceleration part of the Notes shall be automatically annulled if Trustee or the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders Holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree Notes. The Holders of a court majority in aggregate principal amount of competent jurisdiction and (ii) Notes generally are authorized to rescind such acceleration if all existing Events of Default, except nonpayment other than the non-payment of principalthe principal of, premium or premium, if any, and interest on the Notes that became which have become due solely because of the by such acceleration of the Notesand except on default with respect to any provision requiring a supermajority approval to amend, which default may only be waived by such a supermajority, have been cured or waived.
Appears in 1 contract
Samples: Pacific Aerospace & Electronics Inc
Acceleration. If an Event of Default described (other than an Event of Default relating to the Company and specified in Section 6.01(a)(66.1(a)(viii) or (ix) above) occurs and is continuing, the Trustee or Holders of at least 25% in aggregate principal amount of the then outstanding Securities may, by written notice to the Company (and to the Trustee, if given by the Holders), and the Trustee shall upon the request of Holders of not less than 25% in aggregate principal amount of the outstanding Securities, by written notice to the Company, declare the unpaid principal of, premium, if any, and accrued and unpaid interest on all the Notes will Securities then outstanding to be due and payable immediately, and the same shall become immediately due and payable. If an Event of Default relating to the Company and specified in Section 6.1(a)(viii) or (ix) occurs and is continuing, the unpaid principal of, premium and accrued and unpaid interest on all the Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described The Holders of, in Section 6.01(a)(6)) occurs and is continuingthe aggregate, the Trustee or the Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes may and, if directed Securities by holders of at least 25% in aggregate principal amount of the then outstanding Notes, notice to the Trustee shall, declare may rescind an acceleration and its consequences if all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event existing Events of Default under Section 6.01(a)(5) (except the nonpayment of principal and interest on the Securities that has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment become due solely as a result of the acceleration of the Notes Securities) have been cured or waived and if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium decree. No such rescission shall affect any subsequent default or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedimpair any right consequent thereto.
Appears in 1 contract
Samples: Navistar Financial Corp
Acceleration. If an In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default described in Section 6.01(a)(6) occurs and is continuingwhether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, the principal ofdecree or order of any court or any order, premiumrule or regulation of any administrative or governmental body), if anythen, and accrued in each and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default every such case (other than an Event of Default described specified in Section 6.01(a)(66.01(g) or Section 6.01(h)) occurs and is continuing), either the Trustee by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Notes outstanding, by notice in writing to the Company and the Trustee, may anddeclare 100% of the principal of, and accrued and unpaid interest, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shallon, declare all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall be immediately due and payable. In the event of a declaration of acceleration of the Notes because If an Event of Default under specified in Section 6.01(a)(56.01(g) has occurred or Section 6.01(h) occurs and is continuing, 100% of the declaration of acceleration principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be immediately due and payable. The immediately preceding paragraph, however, is subject to the conditions that if, at any time after the principal of the Notes shall be automatically annulled have been so declared due and payable, and before any judgment or decree for the payment of the monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or shall deposit with the Trustee (or its nominee) a sum sufficient to pay installments of accrued and unpaid interest upon all Notes and the principal of any and all Notes that shall have become due otherwise than by acceleration (with interest on overdue installments of accrued and unpaid interest, if any, at the event of default or payment default triggering such Event of Default rate then borne by the Notes) and amounts due to the Trustee pursuant to Section 6.01(a)(5) shall be remedied or cured7.06, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i1) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii2) any and all existing Events of DefaultDefault under this Indenture, except other than the nonpayment of principalthe principal of and accrued and unpaid interest, premium or interest if any, on the Notes that became shall have become due solely because of the acceleration of the Notesby such acceleration, shall have been cured or waivedwaived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a simple majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes.
Appears in 1 contract
Acceleration. If an Event of Default described in occurs under clauses (f) or (g) of Section 6.01(a)(6) occurs and is continuing10.1, then the principal Accreted Value of, premium, if any, on and all accrued and unpaid interest on all the Notes will and all other amounts owing under this Agreement and the Notes shall automatically become and be immediately due and payable payable, without presentment, demand, protest or notice of any declaration or other act on the part kind, all of the Trustee or any Holderswhich are expressly waived. If any other Event of Default (other than an Event of Default described in specified under clauses (f) or (g) of Section 6.01(a)(6)10.1) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding aggregate Accreted Value of the Notes outstanding, by written notice to the Company, may anddeclare the Accreted Value of, premium, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notesany, the Trustee shall, declare all on and accrued interest on the Notes and all other amounts owing under this Agreement to be due and payable immediately. In the event Upon such declaration, such Accreted Value, premium and interest and other amounts shall become immediately due and payable. The Holders of a declaration majority of acceleration the aggregate Accreted Value of the Notes because outstanding may rescind and annul an Event acceleration and its consequences if all existing Events of Default under Section 6.01(a)(5) has occurred and is continuinghave been cured or waived, the declaration except nonpayment of acceleration Accreted Value, premium or interest or other amounts that have become due solely because of the Notes shall be automatically annulled acceleration, and if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium decree. Any notice or interest on rescission shall be given in the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedmanner specified in Section 15.2 hereof.
Appears in 1 contract
Acceleration. If an Event of Default described (other than an Event of Default specified in clauses (e) and (f) of Section 6.01(a)(66.1) occurs and is continuing, the Trustee (by notice to the Company), or the Holders of at least 25% in aggregate principal ofamount of the Notes then outstanding (by notice to the Company and the Trustee), premium, if any, may declare the unpaid Principal of and accrued and unpaid interest on all the Notes will then outstanding to be due and payable. Upon any such declaration, such Principal and accrued interest shall be due and payable immediately. If an Event of Default specified in clause (e) or (f) of Section 6.1 occurs, such an amount shall IPSO FACTO become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HoldersHolder. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuingAfter such acceleration, the Trustee but before a judgment or decree based on acceleration, the Holders of at least 25% a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may rescind an acceleration and its consequences if (a) the Company has paid or deposited with the Trustee a sum sufficient to pay (i) all overdue interest on all Notes may andthen outstanding and (ii) the Principal or repurchase price, if directed by holders of at least 25% in aggregate principal amount any, of the Notes then outstanding Notes, the Trustee shall, declare all the Notes to be which have become due and payable immediately. In the event of a otherwise than by such declaration of acceleration of and accrued interest thereon at a rate borne by the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (ib) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) if all existing Events of Default, Default have been cured or waived except nonpayment of principal, premium Principal or interest on the Notes that became has become due solely because of the acceleration of the Notes, have been cured acceleration. No such decision shall affect any subsequent Default or waivedimpair any right consequent thereto.
Appears in 1 contract
Samples: Heico Corp
Acceleration. (a) If an Event of Default described in Section 6.01(a)(6) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described with respect to the Company specified in clauses (i) and (j) of Section 6.01(a)(6)6.01) occurs and is continuing, then and in every such case (i) the Trustee Trustee, by written notice to the Company, or (ii) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may andDebentures, by written notice to the Company and the Trustee, may, and the Trustee at the request of such Holders shall, declare the unpaid principal of, and accrued and unpaid interest, if directed any, on all the Debentures to be due and payable. Upon such declaration such principal amount, and accrued and unpaid interest, including Additional Interest, if any, shall become immediately due and payable, notwithstanding anything contained in this Indenture or the Debentures to the contrary, but subject to the provisions of Article XI hereof. If any Event of Default with respect to the Company specified in clauses (i) or (j) of Section 6.01 occurs, all unpaid principal of and accrued and unpaid interest, including Additional Interest, if any, on the Debentures then outstanding shall become automatically due and payable subject to the provisions of Article XI hereof, without any declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Debentures, by holders notice to the Trustee, may rescind an acceleration of the Debentures initiated by (i) the Trustee or (ii) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due Debentures and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled its consequences if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes rescission would not conflict with any judgment or decree of a any court of competent jurisdiction and (ii) all existing Events jurisdiction. No such rescission shall affect any subsequent Default or Event of Default, except nonpayment of principal, premium Default or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waivedimpair any right consequent thereto.
Appears in 1 contract
Samples: Indenture (Gencorp Inc)
Acceleration. If an Event of Default described in clause (6) or (11) of Section 6.01(a)(66.01(a) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. If any other Event of Default (other than an Event of Default described in Section 6.01(a)(6)) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Notes may and, if directed by holders of at least 25% in aggregate principal amount of the then outstanding Notes, the Trustee shall, declare all the Notes to be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default under Section 6.01(a)(5) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the event of default or payment default triggering such Event of Default pursuant to Section 6.01(a)(5) shall be remedied or cured, or waived by the holders of the relevant Indebtedness, or the relevant Indebtedness that gave rise to such Event of Default shall have been discharged in full, within 30 days after the declaration of acceleration with respect thereto and if (i) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (ii) all existing Events of Default, except nonpayment of principal, premium or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived.
Appears in 1 contract
Samples: Indenture (CSC Holdings LLC)
