Common use of Additional Events of Default Clause in Contracts

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged or such acceleration having been rescinded or annulled within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 9 contracts

Samples: Supplemental Indenture (Hospitality Properties Trust), Supplemental Indenture (Hospitality Properties Trust), Supplemental Indenture (Hospitality Properties Trust)

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Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a an event of default under any bond, debenture, note or other evidence of indebtedness of the Company (including a an event of default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by of the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000), whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted happen and shall result in such indebtedness an aggregate principal amount exceeding $20,000,000 becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged discharged, or such acceleration having been rescinded or annulled annulled, within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 6 contracts

Samples: Supplemental Indenture (Health & Retirement Properties Trust), Supplemental Indenture (HRPT Properties Trust), Supplemental Indenture (Health & Retirement Properties Trust)

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least exceeding $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged discharged, or such acceleration having been rescinded or annulled annulled, within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 5 contracts

Samples: Supplemental Indenture (HRPT Properties Trust), Supplemental Indenture (CommonWealth REIT), Supplemental Indenture (CommonWealth REIT)

Additional Events of Default. Section 4.1 4.1. For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged discharged, or such acceleration having been rescinded or annulled annulled, within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 5 contracts

Samples: Supplemental Indenture (HRPT Properties Trust), Supplemental Indenture (HRPT Properties Trust), Supplemental Indenture (HRPT Properties Trust)

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged or such acceleration having been rescinded or annulled within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 4 contracts

Samples: Supplemental Indenture (Hospitality Properties Trust), Supplemental Indenture (Hospitality Properties Trust), Supplemental Indenture (Hospitality Properties Trust)

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 5.1 of the Indenture, it shall also constitute an "Event of Default" if a an event of default under any bond, debenture, note or other evidence of indebtedness of the Company (including a an event of default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by of the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000), whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted happen and shall result in such indebtedness an aggregate principal amount exceeding $20,000,000 becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged discharged, or such acceleration having been rescinded or annulled annulled, within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (Health & Retirement Properties Trust), Supplemental Indenture (Health & Retirement Properties Trust), Supplemental Indenture (Health & Retirement Properties Trust)

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged discharged, or such acceleration having been rescinded or annulled annulled, within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (HRPT Properties Trust), Supplemental Indenture (HRPT Properties Trust), Supplemental Indenture (HRPT Properties Trust)

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,00020,000,000 , whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged or such acceleration having been rescinded or annulled within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 2 contracts

Samples: Hospitality Properties Trust, Hospitality Properties Trust

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a an event of default under any bond, debenture, note or other evidence of indebtedness of the Company (including a an event of default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by of the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000), whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted happen and shall result in such indebtedness an aggregate principal amount exceeding $20,000,000 becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged discharged, or such acceleration having been rescinded or annulled annulled, within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 2 contracts

Samples: Supplemental Indenture (HRPT Properties Trust), Supplemental Indenture (HRPT Properties Trust)

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged discharged, or such acceleration having been rescinded or annulled annulled, within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 2 contracts

Samples: HRPT Properties Trust, HRPT Properties Trust

Additional Events of Default. Section SECTION 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged discharged, or such acceleration having been rescinded or annulled annulled, within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 2 contracts

Samples: Supplemental Indenture (HRPT Properties Trust), Supplemental Indenture (HRPT Properties Trust)

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in In addition to the Events of Default set forth in the Indenture, the term "Event of Default," whenever used in the Indenture or this Supplemental Indenture with respect to the Senior Notes, means any one of the following events (whatever the reason for such Event of Default and whether it may be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree, or order of any court or any order, rule, or regulation of any administrative or governmental body): the failure to redeem the Senior Notes when required pursuant to the terms and conditions thereof or to pay the repurchase price for Senior Notes to be repurchased in accordance with Section 501 3.2 of this Supplemental Indenture; any nonpayment at maturity or other default under any agreement or instrument relating to any other Indebtedness of the Company or any of its Restricted Subsidiaries (the unpaid principal amount of which is not less than $100.0 million), and, in any such case, such default (i) continues beyond any period of grace provided with respect thereto and (ii) results in such Indebtedness becoming due prior to its stated maturity or occurs at the final maturity of such Indebtedness; provided, however, that, subject to the provisions of Section 9.01 and 8.08 of the Indenture, it the Trustee shall also constitute an "Event not be deemed to have knowledge of Default" if a default under any bond, debenture, note such nonpayment or other evidence default unless either (1) a Responsible Officer of indebtedness the Trustee has actual knowledge of nonpayment or other default or (2) the Trustee has received written notice thereof from the Company, from any Holder, from the holder of any such Indebtedness or from the trustee under the agreement or instrument, relating to such Indebtedness; the entry of one or more final judgments or orders for the payment of money against the Company, the Guarantor or any of their respective Restricted Subsidiaries, which judgments and orders create a liability of $100.0 million or more in excess of insured amounts and have not been stayed (by appeal or otherwise), vacated, discharged, or otherwise satisfied within 60 calendar days of the entry of such judgments and orders; the Guarantee ceases to be in full force and effect (except as contemplated by the terms of the Indenture) or is declared in a judicial proceeding to be null and void, or the Guarantor denies or disaffirms in writing its obligation under the Guarantee; and Events of Default of the type and subject to the conditions set forth in clauses (vii) and (viii) of Section 8.01(a) of the Indenture in respect of any Significant Subsidiary or, in related events, any group of Subsidiaries of the Company (including or Guarantor which, if considered in the aggregate, would be a default with respect to any other series of securities), or under any mortgage, indenture or other instrument Significant Subsidiary of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged or such acceleration having been rescinded or annulled within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunderGuarantor.

Appears in 2 contracts

Samples: Federated Department Stores Inc /De/, Federated Department Stores Inc /De/

Additional Events of Default. Pursuant to Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 6.1 (f) of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default shall be deemed to occur with respect to the Series E Senior Notes if an event of default, as defined in any other series of securities), indenture or instrument evidencing or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed as of the date of this Fifth Supplemental Indenture or for which shall thereafter have outstanding any indebtedness, shall happen and be continuing and either (a) such default results from the Company is directly responsible or liable as obligor or guarantor) having an aggregate failure to pay the principal amount outstanding of at least $20,000,000, whether such indebtedness now exists in excess of $50 million at final maturity of such indebtedness or shall hereafter be incurred or created, which (b) as a result of such default the maturity of such indebtedness shall have resulted in such indebtedness becoming been accelerated so that the same shall be or being declared become due and payable prior to the date on which it the same would otherwise have become due and payable, without such indebtedness having been discharged or and such acceleration having been shall not be rescinded or annulled within a period 60 days and the principal amount of ten days after there such indebtedness, together with the principal amount of any other indebtedness of the Company in default, or the maturity of which has been accelerated, aggregates $50 million or more; provided that the Trustee shall not be charged with knowledge of any such default unless written notice thereof shall have been given, by registered or certified mail, given to the Company by the Trustee or to the Company and the Trustee by the Holders Company, by the holder or an agent of at least the holder of any such indebtedness, by the trustee then acting under any indenture or other instrument under which such default shall have occurred, or by the holders of not less than 25% in the aggregate principal amount of the outstanding Notes, a written notice specifying Series E Senior Notes at the time outstanding; and provided further that if such default and requiring shall be remedied or cured by the Company or waived by the holder of such indebtedness, then the Event of Default described under this Fifth Supplemental Indenture shall be deemed likewise to cause such indebtedness to be discharged have been remedied, cured or cause such acceleration to be rescinded waived without further action on the part of the Trustee, any Holder of Series E Senior Notes or annulled and stating that such notice is a "Notice of Default" hereunder.any other person. ARTICLE SIX

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

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Additional Events of Default. Pursuant to Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 6.1 (f) of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default shall be deemed to occur with respect to the Series D Senior Notes if an event of default, as defined in any other series of securities), indenture or instrument evidencing or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed as of the date of this Fourth Supplemental Indenture or for which shall thereafter have outstanding any indebtedness, shall happen and be continuing and either (a) such default results from the Company is directly responsible or liable as obligor or guarantor) having an aggregate failure to pay the principal amount outstanding of at least $20,000,000, whether such indebtedness now exists in excess of $50 million at final maturity of such indebtedness or shall hereafter be incurred or created, which (b) as a result of such default the maturity of such indebtedness shall have resulted in such indebtedness becoming been accelerated so that the same shall be or being declared become due and payable prior to the date on which it the same would otherwise have become due and payable, without such indebtedness having been discharged or and such acceleration having been shall not be rescinded or annulled within a period 60 days and the principal amount of ten days after there such indebtedness, together with the principal amount of any other indebtedness of the Company in default, or the maturity of which has been accelerated, aggregates $50 million or more; provided that the Trustee shall not be charged with knowledge of any such default unless written notice thereof shall have been given, by registered or certified mail, given to the Company by the Trustee or to the Company and the Trustee by the Holders Company, by the holder or an agent of at least the holder of any such indebtedness, by the trustee then acting under any indenture or other instrument under which such default shall have occurred, or by the holders of not less than 25% in the aggregate principal amount of the outstanding Notes, a written notice specifying Series D Senior Notes at the time outstanding; and provided further that if such default and requiring shall be remedied or cured by the Company or waived by the holder of such indebtedness, then the Event of Default described under this Fourth Supplemental Indenture shall be deemed likewise to cause such indebtedness to be discharged have been remedied, cured or cause such acceleration to be rescinded waived without further action on the part of the Trustee, any Holder of Series D Senior Notes or annulled and stating that such notice is a "Notice of Default" hereunder.any other person. ARTICLE SIX

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

Additional Events of Default. Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default with respect to any other series of securities), or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor) having an aggregate principal amount outstanding of at least $20,000,000, whether such indebtedness now exists or shall hereafter be incurred or created, which default shall have resulted in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged or such acceleration having been rescinded or annulled within a period of ten days after there shall have been given, by registered or certified mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least 25% in principal amount of the outstanding Notes, a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a "Notice of Default" hereunder.

Appears in 1 contract

Samples: Supplemental Indenture (Hospitality Properties Trust)

Additional Events of Default. Pursuant to Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 6.1(f) of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default shall be deemed to occur with respect to the Series A Senior Notes if an event of default, as defined in any other series of securities), indenture or instrument evidencing or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed as of the date of this First Supplemental Indenture or for which shall thereafter have outstanding any indebtedness, shall happen and be continuing and either (a) such default results from the Company is directly responsible or liable as obligor or guarantor) having an aggregate failure to pay the principal amount outstanding of at least $20,000,000, whether such indebtedness now exists in excess of $50 million at final maturity of such indebtedness or shall hereafter be incurred or created, which (b) as a result of such default the maturity of such indebtedness shall have resulted in such indebtedness becoming been accelerated so that the same shall be or being declared become due and payable prior to the date on which it the same would otherwise have become due and payable, without such indebtedness having been discharged or and such acceleration having been shall not be rescinded or annulled within a period 60 days and the principal amount of ten days after there such indebtedness, together with the principal amount of any other indebtedness of the Company in default, or the maturity of which has been accelerated, aggregates $50 million or more; provided that, the Trustee shall not be charged with knowledge of any such default unless written notice thereof shall have been given, by registered or certified mail, given to the Company by the Trustee or to the Company and the Trustee by the Holders Company, by the holder or an agent of at least the holder of any such indebtedness, by the trustee then acting under any indenture or other instrument under which such default shall have occurred, or by the holders of not less than 25% in the aggregate principal amount of the outstanding Notes, a written notice specifying Series A Senior Notes at the time outstanding; and provided further that if such default and requiring shall be remedied or cured by the Company or waived by the holder of such indebtedness, then the Event of Default described under this First Supplemental Indenture shall be deemed likewise to cause such indebtedness to be discharged have been remedied, cured or cause such acceleration to be rescinded waived without further action on the part of the Trustee, any Holder of Series A Senior Notes or annulled and stating that such notice is a "Notice of Default" hereunderany other person.

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

Additional Events of Default. (a) Pursuant to Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 6.1(f) of the Senior Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default ” shall be deemed to occur with respect to any other a series of securities)Notes if an event of default, as defined in any indenture or instrument evidencing or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed as of the date of this Twenty-Sixth Supplemental Indenture or for which shall thereafter have outstanding any indebtedness, shall happen and be continuing and either (i) such default results from the Company is directly responsible or liable as obligor or guarantor) having an aggregate failure to pay the principal amount outstanding of at least $20,000,000, whether such indebtedness now exists in excess of $50 million at final maturity of such indebtedness or shall hereafter be incurred or created, which (ii) as a result of such default the maturity of such indebtedness shall have resulted in such indebtedness becoming been accelerated so that the same shall be or being declared become due and payable prior to the date on which it the same would otherwise have become due and payable, without such indebtedness having been discharged or and such acceleration having been shall not be rescinded or annulled within a period 60 days and the principal amount of ten days after there such indebtedness, together with the principal amount of any other indebtedness of the Company in default, or the maturity of which has been accelerated, aggregates $50 million or more; provided that the Trustee shall not be charged with knowledge of any such default unless written notice thereof shall have been given, by registered or certified mail, given to the Company by the Trustee or to the Company and the Trustee by the Company, by the holder or an agent of the holder of any such indebtedness, by the trustee then acting under any indenture or other instrument under which such default shall have occurred, or by the Holders of at least not less than 25% in the aggregate principal amount of such series of Notes at the outstanding Notestime outstanding; and provided, a written notice specifying further, that if such default and requiring shall be remedied or cured by the Company to cause or waived by the requisite number of percentage of holder of such indebtedness as provided in such indenture or instrument, then the Event of Default described under this Twenty-Sixth Supplemental Indenture shall be deemed likewise to be discharged have been remedied, cured or cause such acceleration to be rescinded waived without further action on the part of the Trustee, any Holder of Notes or annulled and stating that such notice is a "Notice of Default" hereunderany other person.

Appears in 1 contract

Samples: Aes Corp

Additional Events of Default. Pursuant to Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 6.1 (f) of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default shall be deemed to occur with respect to the Series G Senior Notes if an event of default, as defined in any other series of securities), indenture or instrument evidencing or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed as of the date of this Seventh Supplemental Indenture or for which shall thereafter have outstanding any indebtedness, shall happen and be continuing and either (a) such default results from the Company is directly responsible or liable as obligor or guarantor) having an aggregate failure to pay the principal amount outstanding of at least $20,000,000, whether such indebtedness now exists in excess of $50 million at final maturity of such indebtedness or shall hereafter be incurred or created, which (b) as a result of such default the maturity of such indebtedness shall have resulted in such indebtedness becoming been accelerated so that the same shall be or being declared become due and payable prior to the date on which it the same would otherwise have become due and payable, without such indebtedness having been discharged or and such acceleration having been shall not be rescinded or annulled within a period 60 days and the principal amount of ten days after there such indebtedness, together with the principal amount of any other indebtedness of the Company in default, or the maturity of which has been accelerated, aggregates $50 million or more; provided that the Trustee shall not be charged with knowledge of any such default unless written notice thereof shall have been given, by registered or certified mail, given to the Company by the Trustee or to the Company and the Trustee by the Holders Company, by the holder or an agent of at least the holder of any such indebtedness, by the trustee then acting under any indenture or other instrument under which such default shall have occurred, or by the holders of not less than 25% in the aggregate principal amount of the outstanding Notes, a written notice specifying Series G Senior Notes at the time outstanding; and provided further that if such default and requiring shall be remedied or cured by the Company or waived by the holder of such indebtedness, then the Event of Default described under this Seventh Supplemental Indenture shall be deemed likewise to cause such indebtedness to be discharged have been remedied, cured or cause such acceleration to be rescinded waived without further action on the part of the Trustee, any Holder of Series G Senior Notes or annulled and stating that such notice is a "Notice of Default" hereunderany other person.

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

Additional Events of Default. Pursuant to Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 6.1 (f) of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default shall be deemed to occur with respect to the ROARS if an event of default, as defined in any other series of securities), indenture or instrument evidencing or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed as of the date of this Eighth Supplemental Indenture or for which shall thereafter have outstanding any indebtedness, shall happen and be continuing and either (a) such default results from the Company is directly responsible or liable as obligor or guarantor) having an aggregate failure to pay the principal amount outstanding of at least $20,000,000, whether such indebtedness now exists in excess of $50 million at final maturity of such indebtedness or shall hereafter be incurred or created, which (b) as a result of such default the maturity of such indebtedness shall have resulted in such indebtedness becoming been accelerated so that the same shall be or being declared become due and payable prior to the date on which it the same would otherwise have become due and payable, without such indebtedness having been discharged or and such acceleration having been shall not be rescinded or annulled within a period 60 days and the principal amount of ten days after there such indebtedness, together with the principal amount of any other indebtedness of the Company in default, or the maturity of which has been accelerated, aggregates $50 million or more; provided that the Trustee shall not be charged with knowledge of any such default unless written notice thereof shall have been given, by registered or certified mail, given to the Company by the Trustee or to the Company and the Trustee by the Holders Company, by the holder or an agent of at least the holder of any such indebtedness, by the trustee then acting under any indenture or other instrument under which such default shall have occurred, or by the holders of not less than 25% in the aggregate principal amount of the outstanding Notes, a written notice specifying ROARS at the time outstanding; and provided further that if such default and requiring shall be remedied or cured by the Company or waived by the holder of such indebtedness, then the Event of Default described under this Eighth Supplemental Indenture shall be deemed likewise to cause such indebtedness to be discharged have been remedied, cured or cause such acceleration to be rescinded waived without further action on the part of the Trustee, any Holder of ROARS or annulled and stating that such notice is a "Notice of Default" hereunderany other person.

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

Additional Events of Default. Pursuant to Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 6.1 (f) of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default shall be deemed to occur with respect to the Series F Senior Notes if an event of default, as defined in any other series of securities), indenture or instrument evidencing or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed as of the date of this Sixth Supplemental Indenture or for which shall thereafter have outstanding any indebtedness, shall happen and be continuing and either (a) such default results from the Company is directly responsible or liable as obligor or guarantor) having an aggregate failure to pay the principal amount outstanding of at least $20,000,000, whether such indebtedness now exists in excess of $50 million at final maturity of such indebtedness or shall hereafter be incurred or created, which (b) as a result of such default the maturity of such indebtedness shall have resulted in such indebtedness becoming been accelerated so that the same shall be or being declared become due and payable prior to the date on which it the same would otherwise have become due and payable, without such indebtedness having been discharged or and such acceleration having been shall not be rescinded or annulled within a period 60 days and the principal amount of ten days after there such indebtedness, together with the principal amount of any other indebtedness of the Company in default, or the maturity of which has been accelerated, aggregates $50 million or more; provided that the Trustee shall not be charged with knowledge of any such default unless written notice thereof shall have been given, by registered or certified mail, given to the Company by the Trustee or to the Company and the Trustee by the Holders Company, by the holder or an agent of at least the holder of any such indebtedness, by the trustee then acting under any indenture or other instrument under which such default shall have occurred, or by the holders of not less than 25% in the aggregate principal amount of the outstanding Notes, a written notice specifying Series F Senior Notes at the time outstanding; and provided further that if such default and requiring shall be remedied or cured by the Company or waived by the holder of such indebtedness, then the Event of Default described under this Sixth Supplemental Indenture shall be deemed likewise to cause such indebtedness to be discharged have been remedied, cured or cause such acceleration to be rescinded waived without further action on the part of the Trustee, any Holder of Series F Senior Notes or annulled and stating that such notice is a "Notice of Default" hereunder.any other person. ARTICLE SIX

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

Additional Events of Default. Pursuant to Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 6.1(f) of the Indenture, it shall also constitute an "Event of Default" if a default under any bond, debenture, note or other evidence of indebtedness of the Company (including a default shall be deemed to occur with respect to the Series B Senior Notes if an event of default, as defined in any other series of securities), indenture or instrument evidencing or under any mortgage, indenture or other instrument of the Company under which there may be issued or by which there may be secured or evidenced any indebtedness for money borrowed by the Company (or by any Subsidiary, the repayment of which the Company has guaranteed as of the date of this Second Supplemental Indenture or for which shall thereafter have outstanding any indebtedness, shall happen and be continuing and either (a) such default results from the Company is directly responsible or liable as obligor or guarantor) having an aggregate failure to pay the principal amount outstanding of at least $20,000,000, whether such indebtedness now exists in excess of $50 million at final maturity of such indebtedness or shall hereafter be incurred or created, which (b) as a result of such default the maturity of such indebtedness shall have resulted in such indebtedness becoming been accelerated so that the same shall be or being declared become due and payable prior to the date on which it the same would otherwise have become due and payable, without such indebtedness having been discharged or and such acceleration having been shall not be rescinded or annulled within a period 60 days and the principal amount of ten days after there such indebtedness, together with the principal amount of any other indebtedness of the Company in default, or the ma- turity of which has been accelerated, aggregates $50 million or more; provided that the Trustee shall not be charged with knowledge of any such default unless written notice thereof shall have been given, by registered or certified mail, given to the Company by the Trustee or to the Company and the Trustee by the Holders Company, by the holder or an agent of at least the holder of any such indebtedness, by the trustee then acting under any indenture or other instrument under which such default shall have occurred, or by the holders of not less than 25% in the aggregate principal amount of the outstanding Notes, a written notice specifying Series B Senior Notes at the time outstanding; and provided further that if such default and requiring shall be remedied or cured by the Company or waived by the holder of such indebtedness, then the Event of Default described under this Second Supplemental Indenture shall be deemed likewise to cause such indebtedness to be discharged have been remedied, cured or cause such acceleration to be rescinded waived without further action on the part of the Trustee, any Holder of Series B Senior Notes or annulled and stating that such notice is a "Notice of Default" hereunder.any other person. ARTICLE SIX

Appears in 1 contract

Samples: Aes Corporation

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