Common use of Acceleration Clause in Contracts

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 11 contracts

Samples: Senior Indenture (Linn Energy, LLC), Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (EQT MIDSTREAM FINANCE Corp)

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Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Partnership and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersPartnership, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 6 contracts

Samples: Heritage Operating Lp, Heritage Operating Lp, ETC Texas Pipeline, LTD

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration, and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 6 contracts

Samples: Indenture (LGI Homes-Florida, LLC), Indenture (LGI Homes-Florida, LLC), Indenture (LGI Homes-Windmill Farms, LLC)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Partnership and the Subsidiary GuarantorsGuarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersPartnership, the Subsidiary Guarantors Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 6 contracts

Samples: Martin Operating Partnership L.P., Martin Operating Partnership L.P., Martin Operating Partnership L.P.

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary GuarantorsGuarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 6 contracts

Samples: Phillips 66, Phillips 66, Phillips 66 Co

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration, and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 6 contracts

Samples: Indenture (Civeo Corp), Westlake Chemical Corp, Civeo Corp

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 6 contracts

Samples: Indenture (Hilltop Holdings Inc.), Indenture (Transocean Inc), Pioneer Companies Inc

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01with respect to the Issuer) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series by notice to the series affected Issuer (and to the Trustee if such notice is given by such Event the Holders), may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01 hereof with respect to the Issuer occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series of Securities by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 5 contracts

Samples: Crown Castle International Corp, Crown Castle International Corp, Crown Castle International Corp

Acceleration. If an Event of Default with respect to any Debt Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsPartnership, or the Holders of at least 25% in principal amount of the then outstanding Debt Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Debt Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Debt Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Partnership and the Trustee, may may, and the Trustee at the request of such Holders shall, declare the principal of (or, if any such Debt Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) ), premium, if any, on and all accrued and unpaid interest on all then outstanding Debt Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Debt Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Debt Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Debt Securities) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and if all existing Events of Default with respect to Debt Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 5 contracts

Samples: Indenture (Energy Transfer LP), Indenture (Energy Transfer Partners, L.P.), Energy Transfer LP

Acceleration. If an any Event of Default with respect to any Securities the Debentures of any series at the time outstanding (other than an Event of Default specified in under clause (53) or (64) of Section 6.01) 6.01 hereof occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in aggregate principal amount of the Debentures of that series then outstanding Securities may declare the principal of all the Debentures of that series affected by such Event of Default (ordue and payable, provided that in the case of a series of Debentures then held by a Trust, if upon an Event of Default described in clause (4) with respect to the Debentures of Section 6.01, if outstanding Securities that series the Trustee has or the Holders of other series are affected by such Event of Default, then at least 25% in aggregate principal amount of the then outstanding Securities so affected) by notice Debentures of that series have failed to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms Debentures of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be immediately due and payable. Upon any such declaration, the amounts due holders of at least 25% in aggregate liquidation amount of the outstanding Preferred Securities of that Trust shall have such right by a notice in writing to the Company and payable on the Securities shall be due and payable immediatelyTrustee. If an Event of Default specified in clause (53) or (64) of Section 6.01 hereof occurs, such amounts the principal of and interest on all the Debentures shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderDebentureholders. Upon such an acceleration, such principal, together with all interest accrued thereon, shall be due and payable immediately. The Holders of a majority in aggregate principal amount of the then outstanding Securities Debentures of that series at the series affected by such Event of Default or all series so affectedtime outstanding, as the case may bein each case, by written notice to the Trustee Trustee, may rescind such an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities such series of that series (or of all series, as the case may be) Debentures have been cured or waived, waived except nonpayment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of acceleration, provided that if the accelerationprincipal of a series of Debentures has been declared due and payable by the holders of the Preferred Series of a Trust, no rescission of acceleration will be effective unless consented to by the holders of a majority in aggregate liquidation amount of the Preferred Securities of that Trust. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 5 contracts

Samples: Public Service Electric & Gas Co, Pseg Funding Trust Ii, Public Service Enterprise Group Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 5 contracts

Samples: Indenture (Jones Energy, Inc.), Indenture (Jones Energy, Inc.), Indenture (Jones Energy Holdings, LLC)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01with respect to the Issuer) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of that Series by written notice to the series affected Issuer (and to the Trustee if such notice is given by such Event the Holders), may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01 hereof with respect to the Issuer occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event any Series of Default or all series so affected, as the case may be, Securities by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 5 contracts

Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Indenture (Booking Holdings Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause clauses (5) or (6)) of under Section 6.01) 6.01 occurs and is continuingcontinuing with respect to the Securities of a series, then and in every such case the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least not less than 25% in of the principal amount of the then outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the unpaid principal of (or, if any such of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in the terms of that series) thereof), and all any premium and accrued and unpaid interest on on, all then outstanding the Securities of such series or of all series, as the case may be, then outstanding to be due and payable. Upon , by a notice in writing to the Company (and to the Trustee, if given by Holders), and upon any such declarationdeclaration such principal (or other specified amount), the amounts and any premium and accrued and unpaid interest shall become immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified in clause clauses (5) or (6) of Section 6.01 hereof above occurs, such amounts shall ipso facto all unpaid principal of, and any premium and accrued and unpaid interest on, all Securities then outstanding will become and be immediately due and payable payable, without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in of the principal amount of the then outstanding Securities of the a series affected by such Event with respect to which a declaration of Default or all series so affected, as the case may beacceleration has been made, by written notice to the Trustee Company and the Trustee, may rescind an and annul such declaration of acceleration and its consequences if (other than nonpayment 1) the Company has paid or deposited with such Trustee a sum sufficient to pay (A) all overdue installments of principal of or premium or interest on all the Securities of such series, (B) the principal of, and any premium and interest on, any Securities of such series that have become due otherwise than by such declaration of acceleration and interest thereon at the rate or any Additional Amounts rates prescribed therefor in the Securities of such series, (C) to the extent that payment of such interest is lawful, interest on the defaulted interest at the rate or rates prescribed therefor in the Securities of such series, and (D) all money paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel; (2) all Events of Default with respect to Securities of that series, other than the Securitiesnon-payment of the principal of, and any premium and interest on, any Securities of such series that have become due solely by such declaration of acceleration, have been cured or waived as provided in this Indenture; and (3) if the rescission would not conflict with any judgment or decree and if all existing Events of a court of competent jurisdiction. No such rescission will affect any subsequent Event of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereon.

Appears in 4 contracts

Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.

Acceleration. Section 6.02 of the Indenture is replaced by the following with respect to the Notes: If an Event of Default with respect to any Securities of any series at the time outstanding Notes (other than an Event of Default specified in clause (57) or (6) 8) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default Notes (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities Notes or all series of such series or of all seriesSecurities, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities Notes shall be due and payable immediately. If an Event of Default specified in clause (57) or (6) 8) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to the Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has have become due solely because of the acceleration.acceleration and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07. ARTICLE SEVEN

Appears in 4 contracts

Samples: Indenture (Westlake Chemical Corp), Third Supplemental Indenture (Westlake Chemical Corp), Westlake Chemical Corp

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(g) or (6h) with respect to either of Section 6.01the Issuers) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Issuers and the Trustee, Trustee may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and but unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, to be due and payable. Upon any such a declaration, the amounts due such principal and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(g) or (6h) with respect to either of Section 6.01 hereof the Issuers occurs, such amounts the principal of and interest on all the Securities shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderHolders. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto. In the accelerationevent of a declaration of acceleration of the Securities because an Event of Default described in Section 6.01(f) has occurred and is continuing, the declaration of acceleration of the Securities shall be automatically annulled if the payment default or other default triggering such Event of Default pursuant to Section 6.01(f) 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 (a) the annulment of the acceleration of the Securities would not conflict with any judgment or decree of a court of competent jurisdiction and (b) all existing Events of Default, except nonpayment of principal, premium or interest on the Securities that became due solely because of the acceleration of the Securities, have been cured or waived.

Appears in 4 contracts

Samples: Supplemental Indenture (Dex Media Inc), Supplemental Indenture (Dex Media Inc), Supplemental Indenture (Dex Media International Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree decree, the Trustee has been paid all amounts owed to it in connection with such Event of Default and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Pardril Inc, Quail Usa LLC, Quail Usa LLC

Acceleration. If an Unless the Board Resolution, supplemental indenture or Officers' Certificate establishing such series provides otherwise, if any Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5e) or (6f) of Section 6.016.01 hereof with respect to the Company, [any Significant Subsidiary or any group of Significant Subsidiaries that, taken as a whole, would constitute a Significant Subsidiary]) with respect to any series of securities at the time outstanding occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal amount of all the Securities of that series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in by the terms of that seriesthereof) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payablepayable immediately. Upon any such declaration, the amounts due and payable on principal amount of the Securities of that series shall be become due and payable immediately. If Notwithstanding the foregoing, if an Event of Default specified in clause (5e) or (6f) of Section 6.01 hereof occurswith respect to any series of securities at the time outstanding occurs with respect to the Company, [any of its Significant Subsidiaries or any group of Subsidiaries that, taken as a whole, would constitute a Significant Subsidiary,] all outstanding principal amount of the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such amounts portion of the principal amount of such Securities as may be specified by the terms hereof) shall ipso facto become and be immediately due and payable immediately without any declaration, notice further action or other act on the part of the Trustee or any Holdernotice. The Holders of a majority in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may on behalf of all of the Holders rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts premium that has become due solely because of the acceleration) have been cured or waived.

Appears in 3 contracts

Samples: Amkor Technology Inc, Amkor International Holdings, LLC, Amkor Technology Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.016.01 hereof) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of a Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such each series or of all series, as the case may be, affected thereby to be due and payable. Upon any such declaration, the amounts due and payable on the such Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts for all Securities of any series outstanding shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the each series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that each affected series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the accelerationacceleration and (iii) all sums paid or advanced by the Trustee hereunder and reasonable compensation, expenses, disbursements and advances of the Trustee, its agent and counsel and any other amounts due to the Trustee under Section 7.07 hereof have been paid in full.

Appears in 3 contracts

Samples: Indenture (Petroleum Geo Services Asa), Petroleum Geo Services Asa, Petroleum Geo Services Asa

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Indenture (Cloverdale Park, Inc.), Indenture (Cloverdale Park, Inc.), Indenture (CCBM, Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, declaration the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Indenture (Conoco Inc /De), Indenture (Cabot Oil & Gas Corp), Indenture (Cabot Oil & Gas Corp)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause clauses (56) or (67)) of under Section 6.01) 6.01 occurs and is continuingcontinuing with respect to the Securities of a series, then and in every such case the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least not less than 25% in of the principal amount of the then outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the unpaid principal of (or, if any such of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in the terms of that series) thereof), and all any premium and accrued and unpaid interest on on, all then outstanding the Securities of such series or of all series, as the case may be, then outstanding to be due and payable. Upon , by a notice in writing to the Company (and to the Trustee, if given by Holders), and upon any such declarationdeclaration such principal (or other specified amount), the amounts and any premium and accrued and unpaid interest shall become immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified in clause clauses (56) or (67) of Section 6.01 hereof above occurs, such amounts shall ipso facto all unpaid principal of, and any premium and accrued and unpaid interest on, all Securities then outstanding will become and be immediately due and payable payable, without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in of the principal amount of the then outstanding Securities of the a series affected by such Event with respect to which a declaration of Default or all series so affected, as the case may beacceleration has been made, by written notice to the Trustee Company, the Subsidiary Guarantors and the Trustee, may rescind an and annul such declaration of acceleration and its consequences if (other than nonpayment 1) the Company or any Subsidiary Guarantor has paid or deposited with such Trustee a sum sufficient to pay (A) all overdue installments of principal of or premium or interest on all the Securities of such series, (B) the principal of, and any premium and interest on, any Securities of such series that have become due otherwise than by such declaration of acceleration and interest thereon at the rate or any Additional Amounts rates prescribed therefor in the Securities of such series, (C) to the extent that payment of such interest is lawful, interest on the defaulted interest at the rate or rates prescribed therefor in the Securities of such series, and (D) all money paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel; (2) all Events of Default with respect to Securities of that series, other than the Securitiesnon-payment of the principal of, and any premium and interest on, any Securities of such series that have become due solely by such declaration of acceleration, have been cured or waived as provided in this Indenture; and (3) if the rescission would not conflict with any judgment or decree and if all existing Events of a court of competent jurisdiction. No such rescission will affect any subsequent Event of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereon.

Appears in 3 contracts

Samples: Chesapeake Energy Corp, Chesapeake Energy Marketing Inc, Mc Louisiana Minerals LLC

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Partnership and the Subsidiary GuarantorsGuarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, Partnership and the Subsidiary Guarantors Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Martin Operating Partnership L.P., Martin Operating Partnership L.P.

Acceleration. If Unless otherwise indicated for a particular series of Securities by an Officer’s Certificate, supplemental indenture or resolutions of the Issuers’ Boards, if any Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (54) or (65) of Section 6.016.01(a)) with respect to Securities of any series at the time outstanding occurs and is continuingcontinuing under this Indenture, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 2530% in aggregate principal amount of the then total outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any Securities of such Securities series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in by the terms of that seriesthereof) may declare the principal, premium, if any, interest and all accrued and unpaid interest any other monetary obligations on all the then outstanding Securities of such series or of all series, as the case may be, to be due and payablepayable immediately. Upon any the effectiveness of such declaration, the amounts due such principal, premium, if any, and payable on the interest with respect to such series of Securities shall be due and payable immediately. If The Trustee shall have no obligation to accelerate the Securities of any series if and so long as a committee of its Responsible Officers in good faith determines acceleration is not in the best interest of the Holders of such series of Securities. Notwithstanding the foregoing, in the case of an Event of Default specified in arising under clause (4) or (5) or (6) of Section 6.01 hereof occurs6.01(a), such amounts all outstanding Securities shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The In the event of a declaration of acceleration with respect to Securities of any series, the Holders of a majority in aggregate principal amount of the then total outstanding Securities of the such series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Issuers and the Trustee may on behalf of all of the Holders of such series of Securities rescind an such declaration of acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such series of Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, interest, Additional Amounts, if any, or premium, interest or any Additional Amounts if any, that has become due solely because of the acceleration) have been cured or waived. The Issuers will be required to deliver to the Trustee, within 120 days after the end of each fiscal year of Parent, an Officer’s Certificate indicating whether the signer of the certificate knows of any failure by the Issuers or the Guarantors to comply with all conditions and covenants of this Indenture during such fiscal year.

Appears in 2 contracts

Samples: Base Indenture (Dell Technologies Inc.), Base Indenture (Dell International L.L.C.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Partnership, the Guarantor and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersPartnership, the Guarantor, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, declaration the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Global Marine Inc, Global Marine Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Partnership and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersPartnership, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Partnership, the Guarantor and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersPartnership, the Guarantor, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Heritage Propane Partners L P), Heritage Propane Partners L P

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause clauses (4), (7) or (8) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree decree, the Trustee has been paid all amounts owed to it in connection with such Event of Default and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (AMI 2, Inc.), Indenture (AMI 2, Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of all of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, declaration the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Pogo Producing Co, Lyondell Trust Iii

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(h) or (6i) with respect to either of Section 6.01the Issuers) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Issuers and the Trustee, Trustee may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and but unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, to be due and payable. Upon any such a declaration, the amounts due such principal and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(h) or (6i) with respect to either of Section 6.01 hereof the Issuers occurs, such amounts the principal of and interest on all the Securities shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderHolders. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto. In the accelerationevent of a declaration of acceleration of the Securities because an Event of Default described in Section 6.01(g) has occurred and is continuing, the declaration of acceleration of the Securities shall be automatically annulled if the payment default or other default triggering such Event of Default pursuant to Section 6.01(g) 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 (a) the annulment of the acceleration of the Securities would not conflict with any judgment or decree of a court of competent jurisdiction and (b) all existing Events of Default, except nonpayment of principal, premium or interest on the Securities that became due solely because of the acceleration of the Securities, have been cured or waived.

Appears in 2 contracts

Samples: Dex Media West LLC, Dex Media Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: American (American Standard Companies Inc), Conoco Inc /De

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in aggregate principal amount of the then outstanding Securities so affectedaffected voting as one class) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice 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 Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: KLX Energy Services Holdings, Inc., Berry Petroleum Company, LLC

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary GuarantorsGuarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Conocophillips), Conocophillips

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such that Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such that Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such of those Securities are Original Issue Discount Securities, such that portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such that series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the those Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such those amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such that Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or of, premium or interest on on, or any Additional Amounts with respect to to, the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Helix Energy Solutions Group Inc), Helix Energy Solutions Group Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Issuer and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersIssuer, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (EQT Corp), Indenture (EQT Midstream Partners, LP)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary GuarantorsGuarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, declaration the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Conoco Inc /De, Conoco Funding Co

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(6) or (67) of Section 6.01with respect to the Issuer) occurs and is continuingcontinuing with respect to any series of Securities, then in each and every such case, unless the Principal of all of the Securities of such series shall have already become due and payable, either the Trustee by notice to the Issuers and the Subsidiary Guarantors, Issuer or the Holders of at least 25% in principal Principal amount of the then outstanding Securities of the such series affected by then Outstanding hereunder (each such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affectedacting as a separate class) by notice to the Issuers, the Subsidiary Guarantors Issuer (and the Trustee, Trustee if given by Holders) may declare the principal of Principal amount (or, if any the Securities of such Securities series are Original Issue Discount Securities, such portion of the principal Principal amount as may be specified in the terms of that series) and of all accrued and unpaid interest on all then outstanding the Securities of such series or and all accrued interest thereon as of all series, as the case may be, to be due and payable. Upon any date of such declarationdeclaration (collectively, the amounts due and payable on the Securities shall "Default Amount") to be due and payable immediately, and upon any such declaration the same shall become and shall be immediately due and payable. If an Event of Default specified in clause (5Section 6.01(6) or (67) of Section 6.01 hereof with respect to the Issuer occurs, the Default Amount on all the Securities as of the date of such amounts Event of Default shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderHolders. The Holders of a majority in principal Principal amount of the then outstanding Securities of the a series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration with respect to such series and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principal, premium, Principal of the Securities of such series or interest or any Additional Amounts thereon that has become due solely because of the such acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Golden State Holdings Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Issuer and the Subsidiary Guarantorseach Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersIssuer, the Subsidiary Guarantors each Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Phillips 66)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5‎(5) or (6‎(6) of Section ‎Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4‎(4) of Section ‎Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5‎(5) or (6‎(6) of Section ‎Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree decree, the Trustee has been paid all amounts owed to it in connection with such Event of Default and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Pardril Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding Outstanding (other than an Event of Default specified in clause (5Section 6.1(3) or (6) of Section 6.014)) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary GuarantorsGuarantor (if the Securities are Guaranteed Securities), or the Holders of at least 25% in principal amount aggregate Principal Amount of the then outstanding Outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors Guarantor, as the case may be, and the Trustee, may declare the principal of Principal Amount (or, if any such of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount Principal Amount of such Securities as may be specified in the terms thereof) of all the Securities of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be immediately due and payable. Upon any such a declaration, the amounts due and payable on the Securities such Principal (or portion thereof) shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.1(3) or (64) occurs and is continuing, the Principal (or portion thereof) of Section 6.01 hereof occurs, such amounts all the Securities of that series shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholders. The Holders of a majority in principal amount aggregate Principal Amount of the then outstanding Outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may beany series, by written notice to the Trustee (and without notice to any other Securityholder) may rescind an acceleration with respect to that series and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that such series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principal, premium, interest the Principal (or any Additional Amounts portion thereof) of Securities of such series that has become due solely because as a result of such acceleration and if all amounts due to the accelerationTrustee under Section 7.7 have been paid. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Aimco Properties Lp

Acceleration. If an Event of Default with respect to any Debt Securities of any series at the time outstanding (other than an Event of Default specified in clause (5e) or (6f) of Section 6.016.01 with respect to the Issuer) occurs and is continuing, then the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least not less than 25% in principal amount of the then outstanding Debt Securities of the that series affected by such Event of Default (ormay, by a notice in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice writing to the IssuersIssuer (and to the Trustee if given by the Holders), the Subsidiary Guarantors declare to be due and the Trustee, may declare payable immediately the principal of (or, if any such the Debt Securities of that series are Original Issue Discount Securities, such that portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest interest, if any, on all then outstanding Debt Securities of such series or of all affected series, as the case may be, to be due and payable. Upon any such declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5e) or (6f) of Section 6.01 hereof occursoccurs with respect to the Issuer, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any HolderHolder of outstanding Debt Securities. The Holders of a majority in principal amount of the then outstanding Debt Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Debt Securities) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and if all existing Events of Default with respect to Debt Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, premium or interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Targa Resources Corp.)

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Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default with respect to the Partnership specified in clause paragraph (5e) or and (6f) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series may declare the series affected by such Event of Default unpaid principal of, (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that seriessuch Security) premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. payable by notice in writing to the Partnership (and the Trustee, if given by the Holders) specifying the respective Event of Default and that it is a “notice of acceleration.” Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default with respect to the Partnership specified in clause paragraph (5e) or (6f) of Section 6.01 hereof occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event any Series of Default or all series so affected, as the case may be, Securities by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived with respect to such Series of Securities (except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all the Securities of that Series that has become due solely because of the acceleration).

Appears in 1 contract

Samples: America First Multifamily Investors, L.P.

Acceleration. If an any Event of Default with respect to any Securities the Debentures of any series at the time outstanding (other than an Event of Default specified in under clause (53) or (64) of Section 6.01) 6.01 hereof occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in aggregate principal amount of the Debentures of that series then outstanding Securities may declare the principal of all the Debentures of that series affected by such Event of Default (ordue and payable, provided that in the case of a series of Debentures then held by a Trust, if upon an Event of Default described in clause (4) with respect to the Debentures of Section 6.01, if outstanding Securities that series the Trustee has or the Holders of other series are affected by such Event of Default, then at least 25% in aggregate principal amount of the then outstanding Securities so affected) by notice Debentures of that series have failed to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms Debentures of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be immediately due and payable. Upon any such declaration, the amounts due holders of at least 25% in aggregate liquidation amount of the outstanding Preferred Securities of that Trust shall have such right by a notice in writing to the Company and payable on the Securities shall be due and payable immediatelyTrustee. If an Event of Default specified in clause (53) or (64) of Section 6.01 hereof occurs, such amounts the principal of and interest on all the Debentures shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderDebentureholders. Upon such an acceleration, such principal, together with all interest accrued thereon, shall be due and payable immediately. The Holders of at least a majority in aggregate principal amount of the then outstanding Securities Debentures of that series at the series affected by such Event of Default or all series so affectedtime outstanding, as the case may bein each case, by written notice to the Trustee Trustee, may rescind such an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities such series of that series (or of all series, as the case may be) Debentures have been cured or waived, waived except nonpayment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of acceleration, provided that if the accelerationprincipal of a series of Debentures has been declared due and payable by the holders of the Preferred Series of a Trust, no rescission of acceleration will be effective unless consented to by the holders of at least a majority in aggregate liquidation amount of the Preferred Securities of that Trust. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Pseg Power Capital Trust V

Acceleration. If an any Event of Default with respect to any the Trust Debt Securities of any series at the time outstanding (other than an Event of Default specified in under clause (53) or (64) of Section 6.01) 6.01 hereof occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in aggregate principal amount of the Trust Debt Securities of that series then outstanding may declare the principal of all the Trust Debt Securities of the that series affected by such Event of Default (ordue and payable, provided that in the case of a series of Trust Debt Securities then held by a Trust, if upon an Event of Default described in clause (4) of Section 6.01, if outstanding with respect to the Trust Debt Securities of other that series are affected by such Event the Trustee has or the Holders of Default, then at least 25% in aggregate principal amount of the then outstanding Trust Debt Securities so affected) by notice of that series have failed to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such the Trust Debt Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be immediately due and payable. Upon any such declaration, the amounts due holders of at least 25% in aggregate liquidation amount of the outstanding Preferred Trust Securities of that Trust shall have such right by a notice in writing to the Company and payable on the Securities shall be due and payable immediatelyTrustee. If an Event of Default specified in clause (53) or (64) of Section 6.01 hereof occurs, such amounts the principal of and interest on all the Trust Debt Securities shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderHolders. Upon such an acceleration, such principal, together with all interest accrued thereon, shall be due and payable immediately. The Holders of a majority in aggregate principal amount of the then outstanding Trust Debt Securities of that series at the series affected by such Event of Default or all series so affectedtime outstanding, as the case may bein each case, by written notice to the Trustee Trustee, may rescind such an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such series of Trust Debt Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of acceleration, provided that if the accelerationprincipal of a series of Trust Debt Securities has been declared due and payable by the holders of the Preferred Series of a Trust, no rescission of acceleration will be effective unless consented to by the holders of a majority in aggregate liquidation amount of the Preferred Trust Securities of that Trust. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Successor (Southwest Gas Corp)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(1) or (6) of Section 6.012) occurs and is continuingcontinuing with respect to any Series of Securities, the Trustee Trustee, in its discretion, by notice to the Issuers and the Subsidiary GuarantorsIssuer, or the Holders of at least 25% in principal amount of the then outstanding Securities of such Series by notice to the series affected by such Event Issuer and the Trustee may declare the principal amount of Default (or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in terms of such Security), premium, if any, and accrued and unpaid interest on all the Securities of such Series to be due and payable. If an Event of Default described specified in clause Section 6.01(3) or (4) occurs and is continuing, the Trustee, in its discretion, by notice to the Issuer, or the Holders of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affectedof all affected Series (all such affected Series voting together as a single class) by notice to the Issuers, the Subsidiary Guarantors Issuer and the Trustee, may declare the principal amount of (or, if any such Securities are in the case of Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereof specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, affected Series to be due and payable. Upon any declaration of the type described in the previous two sentences of this Section 6.02, such declarationprincipal amount, the amounts due premium, if any, and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) occurs and is continuing, the principal amount of Section 6.01 hereof occurs(or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in the terms of such amounts Security), premium, if any, and interest on all the outstanding Securities issued pursuant to this Indenture shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholders. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, any Series by written notice to the Trustee and the Issuer may rescind an acceleration of the Securities of such Series and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waivedwaived except non-payment of the principal amount of (or, except nonpayment in the case of principalOriginal Issue Discount Securities of that Series, the portion thereof specified in the terms of such Security), premium, if any, or interest or any Additional Amounts on the Securities of such Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Paying Agent (Molson Coors Brewing Co)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(7) or (6) of Section 6.018) with respect to any Issuer) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series by notice to the series affected by such Event Issuers, may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(7) or (6) of Section 6.01 hereof 8) with respect to any Issuer occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series of Securities by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Jones Apparel Group Usa Inc)

Acceleration. If an Event of Default with respect to any a series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(7) or (6) of Section 6.016.01(8) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsIssuer of such series, or the Holders of at least 25% in principal amount of the Securities of such series then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) hereunder by notice to the Issuers, the Subsidiary Guarantors Issuer and the Trustee, may declare the principal of (or, if any the Securities of such Securities series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of Series Supplement relating to that series) of and all accrued and but unpaid interest on all then outstanding of the Securities of such series or of all series, as the case may be, (including past due Coupons appertaining thereto) then outstanding to be due and payable. Upon any such a declaration, the amounts due such principal, premium, if any, and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(7) or 6.01(8) with respect to the Company or the Issuer of such series occurs, the principal (6or, if the Securities of such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the Series Supplement relating to that series) of Section 6.01 hereof occurs, and interest on all of the Securities of such amounts series then outstanding hereunder (treated as one class) shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderHolder of a series of Securities. The Holders of a majority in principal amount of the then outstanding Securities of the such series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of acceleration and if all payments (including fees and expenses) due to the accelerationTrustee have been paid. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Graftech International LTD

Acceleration. If an Event of Default with respect to any the Securities of any series at the time outstanding (other than an Event of Default specified in clause clauses (5g) or (6h) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default (orthat series, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice in writing to the Issuers, Company (and to the Subsidiary Guarantors and Trustee if given by the Trustee, Holders) may declare the unpaid principal of (or, if any such the Securities are Original Issue Discount Securities or Indexed Securities, such portion of the original principal amount as may be specified in the terms of that series) of, and all premium, if any, and accrued and unpaid interest interest, if any, to the date of acceleration on all then outstanding Securities of such that series or of all series, as the case may be, to be due and payable. Upon payable immediately and, upon any such declaration, such principal amount (or, in the amounts case of Original Issue Discount Securities or Indexed Securities, such specified amount), and premium, if any, and accrued interest, if any, notwithstanding anything contained in this Indenture or the Securities to the contrary, shall become immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified in clause clauses (5g) or (6h) of Section 6.01 hereof occurs, such amounts all unpaid principal of and accrued interest on all outstanding Securities shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Any such declaration with respect to the Securities of any series may be rescinded and annulled by the Holders of a majority in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences if all existing Events of Default with respect to the Securities of that series (other than the nonpayment of principal of or premium or and interest on the Securities of that series which has become due solely by virtue of such acceleration) have been cured or any Additional Amounts with respect to the Securities) waived and if the rescission would not conflict with any judgment or decree and if all existing Events of decree. No such rescission shall affect any subsequent Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereto.

Appears in 1 contract

Samples: Indenture (Metris Companies Inc)

Acceleration. If an Event of Default (other than as specified in Section 6.01(g) or 6.01(h)) occurs and is continuing with respect to any the Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuingthen Outstanding, the Trustee Trustee, by written notice to the Issuers and the Subsidiary GuarantorsTLGI, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the such series affected then Outstanding, by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by written notice to the Issuers, the Subsidiary Guarantors Trustee and the TrusteeTLGI, may declare the principal of amount (or, if any the Securities of such Securities series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that such series) of all the Securities of such series, premium, if any, and all accrued and unpaid interest interest, if any, on all then outstanding of the Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately, upon which declaration, all amounts payable in respect of the Securities of such series shall be immediately due and payable. If an Event of Default specified in clause (5Section 6.01(g) or 6.01(h) occurs and is continuing, then the unpaid principal amount (6) or, if the Securities of Section 6.01 hereof occursany series then Outstanding are Original Issue Discount Securities, such portion of the principal amounts as may be specified in the terms of each such series), premium, if any, and accrued and unpaid interest on all Securities of each series then outstanding shall ipso facto IPSO FACTO become and be immediately due and payable without any declaration, notice declaration or other act on the part of by the Trustee or any HolderSecurityholder. The After a declaration of acceleration hereunder with respect to Securities of any series, but before a judgment or decree for payment of the money due has been obtained by the Trustee, the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may beseries, by written notice to TLGI and the Trustee Trustee, may rescind an acceleration and annul such declaration and its consequences if (other than nonpayment a) TLGI has paid or deposited with the Trustee a sum sufficient to pay (i) all amounts due the Trustee under Section 7.08 and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, (ii) all overdue interest on all Securities of such series, (iii) the principal of or premium or and premium, if any, on any Securities of such series which have become due otherwise than by such declaration of acceleration and interest on or any Additional Amounts with respect thereon at the rate borne by the Securities of such series, and (iv) to the Securitiesextent that payment of such interest is lawful, interest upon overdue interest and overdue principal which has become due otherwise than by such declaration of acceleration at the rate borne by the Securities of such series; (b) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction; and if (c) all existing Events of Default with respect to Securities Default, other than the non-payment of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principalprincipal of, premium, if any, and interest or any Additional Amounts on the Securities of such series that has become due solely because by such declaration of the acceleration, have been cured or waived as provided in Section 6.04; but no such rescission and annulment shall extent to or shall affect any subsequent default, or shall impair any right consequent thereon. No such rescission shall affect any subsequent Default or Event of Default or impair any right subsequent therein.

Appears in 1 contract

Samples: Loewen Group International Inc

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(6) or (67) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series by notice to the series affected by such Event Company, may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(6) or (67) of Section 6.01 hereof occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series of Securities by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Lucent Technologies Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the accelerationacceleration and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (Encore Energy Partners Operating LLC)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (54) or (65) of Section 6.01) occurs and is continuing, the Trustee Trustee, by written notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (43) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) ), by written notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (54) or (65) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration., and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07. ARTICLE EIGHT Guarantee

Appears in 1 contract

Samples: LGI Homes, Inc.

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary Guarantors, Issuer or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Issuer and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: EQM Midstream Partners, LP

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5e) or (6f) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Partnership and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4d) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersPartnership, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5e) or (6f) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Energy Transfer Equity, L.P.

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (54) or (65) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (43) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any of such Securities are Original Issue Discount Securities, such that portion of the principal amount as may be specified in the terms of that such series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the those Securities shall be due and payable immediately. If an Event of Default specified in clause (54) or (65) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Lennox Industries Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Patterson Uti Energy Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding Notes (other than an Event of Default specified in clause (57) or (6) under “Events of Section 6.01Default” above) occurs and is continuing, the Notes Trustee by notice to the Issuers Borrower and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default Notes (or, in the case of an Event of Default described in clause (4) under “Events of Section 6.01Default” above, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersBorrower, the Subsidiary Guarantors and the Notes Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities Notes or all series of such series or of all seriesSecurities, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall Notes will be due and payable immediately. If an Event of Default specified in clause (57) or (6) of Section 6.01 hereof under “Events and Default” above occurs, such amounts shall will ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Notes Trustee or any Holder. The Holders holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Notes Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to the Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has have become due solely because of the accelerationacceleration and (iii) the Notes Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Notes Trustee, its agents and counsel, and any other amounts due the Notes Trustee under the Senior Notes Indenture.

Appears in 1 contract

Samples: Westlake Chemical Corp

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (57) or (6) 8) of Section 6.016.01 with respect to the Company) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described relating to the Company's failure to comply with the covenants in clause (4) of Section 6.01Sections 4.07 or 4.08, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, declaration the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (57) or (6) 8) of Section 6.01 hereof occursoccurs with respect to the Company, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Schlumberger LTD /Nv/

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (54) or (65) of Section 6.01) occurs and is continuing, the Trustee Trustee, by written notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (43) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) ), by written notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (54) or (65) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration., and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07. -36- ARTICLE EIGHT Guarantee

Appears in 1 contract

Samples: LGI Homes, Inc.

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (54) or (65) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (43) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the those Securities shall be due and payable immediately. If an Event of Default specified in clause (54) or (65) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Lennox Industries Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee Trustee, by written notice to the Issuers Company and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) ), by written notice to the IssuersCompany, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration, and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (LGI Homes, Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding Notes (other than an Event of Default specified in clause (57) or (6) under “Events of Section 6.01Default” above) occurs and is continuing, the Trustee by notice to the Issuers Borrower and the Subsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default Notes (or, in the case of an Event of Default described in clause (4) under “Events of Section 6.01Default” above, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersBorrower, the Subsidiary Guarantors and the Notes Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities Notes or all series of such series or of all seriesSecurities, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall Notes will be due and payable immediately. If an Event of Default specified in clause (57) or (6) of Section 6.01 hereof under “Events and Default” above occurs, such amounts shall will ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Notes Trustee or any Holder. The Holders holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Notes Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to the Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has have become due solely because of the accelerationacceleration and (iii) the Notes Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Notes Trustee, its agents and counsel, and any other amounts due the Notes Trustee under the Senior Notes Indenture.

Appears in 1 contract

Samples: Loan Agreement (Westlake Chemical Corp)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(1) or (6) of Section 6.012) occurs and is continuingcontinuing with respect to any Series of Securities, the Trustee Trustee, in its discretion, by notice to the Issuers and the Subsidiary GuarantorsIssuer, or the Holders of at least 25% in principal amount of the then outstanding Securities of such Series by notice to the series affected by such Event Issuer, the Trustee may declare the principal amount of Default (or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in terms of such Security), premium, if any, and accrued and unpaid interest on all the Securities of such Series to be due and payable. If an Event of Default described specified in clause Section 6.01(3) or (4) occurs and is continuing, the Trustee, in its discretion, by notice to the Issuer, or the Holders of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affectedof all affected Series (all such affected Series voting together as a single class) by notice to the Issuers, the Subsidiary Guarantors Issuer and the Trustee, may declare the principal amount of (or, if any such Securities are in the case of Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereof specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, affected Series to be due and payable. Upon any declaration of the type described in the previous two sentences of this Section 6.02, such declarationprincipal amount, the amounts due premium, if any, and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) occurs and is continuing, the principal amount of Section 6.01 hereof occurs(or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in the terms of such amounts Security), premium, if any, and interest on all the outstanding Securities issued pursuant to this Indenture shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholders. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affected, as the case may be, any Series by written notice to the Trustee and the Issuer may rescind an acceleration of the Securities of such Series and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waivedwaived except non-payment of the principal amount of (or, except nonpayment in the case of principalOriginal Issue Discount Securities of that Series, the portion thereof specified in the terms of such Security), premium, if any, or interest or any Additional Amounts on the Securities of such Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Molson Coors Brewing Co

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers Company and the Subsidiary GuarantorsGuarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the IssuersCompany, the Subsidiary Guarantors Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Carrizo Oil & Gas Inc

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) affected by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, declaration the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Lyondell Trust Iii

Acceleration. If an Event of Default with respect to any Debt Securities of any series at the time outstanding (other than an Event of Default specified in clause (5e) or (6f) of Section 6.016.01 with respect to the Issuer) occurs and is continuing, then the Trustee by notice to the Issuers and the Subsidiary Guarantors, or the Holders of at least 25not less than 50% in principal amount of the then outstanding Debt Securities of the that series affected by such Event of Default (ormay, by a notice in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice writing to the IssuersIssuer (and to the Trustee if given by the Holders), the Subsidiary Guarantors declare to be due and the Trustee, may declare payable immediately the principal of (or, if any such the Debt Securities of that series are Original Issue Discount Securities, such that portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest interest, if any, on all then outstanding Debt Securities of such series or of all affected series, as the case may be, to be due and payable. Upon any such declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5e) or (6f) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any HolderHolder of outstanding Debt Securities. The Holders of a majority in principal amount of the then outstanding Debt Securities of the series affected by such Event of Default or all series so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Debt Securities) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and if all existing Events of Default with respect to Debt Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, premium or interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Kinetik Holdings LP

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (56) or (67) of Section 6.01) occurs and is continuing, either the Trustee by notice to the Issuers and the Subsidiary GuarantorsCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Issuers, the Subsidiary Guarantors Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (56) or (67) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series so affectedseries, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Halliburton Co

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