Common use of Annulment of Acceleration Clause in Contracts

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its Senior Subordinated Obligations immediately due and payable (or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) by reason of the occurrence of any Event of Default, such Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its Senior Subordinated Obligations, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or premium which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and provided further, that no such rescission and annulment shall extend to or affect any other Purchaser or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing to such rescission or annulment.

Appears in 1 contract

Samples: Note Purchase Agreement (Massic Tool Mold & Die Inc)

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Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its the Senior Subordinated Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser Purchasers may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its the Senior Subordinated ObligationsNotes, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest interest, premium or premium Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing Purchasers consenting to such rescission or recession and annulment.

Appears in 1 contract

Samples: Note Purchase Agreement (Kenan Advantage Group Inc)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its the Senior Subordinated Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul amend such declaration and the consequences thereof as to its the Senior Subordinated ObligationsNote and Deferral Note, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or premium interest, Yield Maintenance Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and and; provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing to such rescission or annulmentPurchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (Unique Fabricating, Inc.)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its the Senior Subordinated Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser then the Agent may, or upon request from Requisite Lenders, by written instrument delivered to the Company Borrowers (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its Senior Subordinated Obligationsthe Term Loans, provided that (a) at the time such Annulment Notice is delivered delivered, no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, therewith and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or premium which Prepayment Premium that has become due and payable solely by reason of such declaration under Section 8.2 hereof8.2) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations Requisite Lenders agreeing to such rescission and annulment; and provided furtherprovided, however, that no any such rescission and annulment shall extend to or affect any other Purchaser subsequent default or any subsequent Event of Default or impair any right consequent thereto, thereto and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless such Event of Default is specifically waived in writing by the Purchaser agreeing to such rescission or annulment.Requisite Lenders. 8.4

Appears in 1 contract

Samples: Loan Agreement (LSB Industries Inc)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its the Senior Subordinated Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul amend such declaration and the consequences thereof as to its the Senior Subordinated ObligationsNote and Deferral Note, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or premium Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and and, provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing to such rescission or annulmentPurchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (Deckers Outdoor Corp)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its the Priority Senior Subordinated Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its the Priority Senior Subordinated Obligations, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Priority Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Priority Senior Subordinated Obligations in connection therewith (except any principal, interest or premium Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulmentHolder; and provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing to such rescission or annulmentHolder.

Appears in 1 contract

Samples: Priority Note Purchase Agreement (Jotan Inc)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its the Senior Subordinated Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its the Senior Subordinated ObligationsNote, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or premium Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing to such rescission or annulmentHolder.

Appears in 1 contract

Samples: Note Purchase Agreement (Valuestar Corp)

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Annulment of Acceleration. The provisions of the foregoing Section 8.2 9.2 are subject to the condition that, if any Purchaser has declared all or any part of its Senior Subordinated the Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such the Purchaser may, by written instrument delivered to the Company Administrative Borrower (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its Senior Subordinated Obligationsthe Secured Debenture, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, principal or interest or premium which has become due and payable solely by reason of such declaration under Section 8.2 9.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent Default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in a writing executed by the Purchaser agreeing to such rescission or annulmentPurchaser.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Multiband Corp)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its the Senior Subordinated Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser mayRice, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder), by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its the Senior Subordinated ObligationsNotes, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or premium Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulmentHolders; and provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing to such rescission or annulmentmajority-in- interest of the Holders.

Appears in 1 contract

Samples: Note Purchase Agreement (Jotan Inc)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 9.2 are subject to the condition that, if any Purchaser has declared all or any part of its Senior Subordinated the Obligations immediately due and payable (have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser Lender may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its Senior Subordinated Obligationsthe Note, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or premium which has become due and payable solely by reason of such declaration under Section 8.2 9.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing to such rescission or annulmentLender.

Appears in 1 contract

Samples: Note Purchase Agreement (International Total Services Inc)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if any Purchaser has declared all or any part of its the Senior Subordinated Obligations immediately due and payable (Notes have been declared or if any Purchaser's Senior Subordinated Obligations have otherwise become immediately due and payable) payable by reason of the occurrence of any Event of Default, such Purchaser the accelerating Holder (in the event of an acceleration under either Section 8.1(a). (b) or (c)) or Requisite Holders (in the event of an acceleration under Section 8.1(d)) may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to its the applicable Senior Subordinated ObligationsNotes, provided provided, that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations Notes in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations Notes in connection therewith (except any principal, principal or interest or premium which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holder of the Senior Subordinated Obligations Notes agreeing to such rescission and annulment; and provided further, that no such rescission and annulment shall extend to or affect any other Purchaser subsequent Potential Default or any subsequent Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the Purchaser agreeing to such rescission or annulmentRequisite Holders.

Appears in 1 contract

Samples: Senior Note and Warrant Purchase Agreement (Cardiac Science Inc)

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