Common use of Annulment of Defaults Clause in Contracts

Annulment of Defaults. Section 7.1 is subject to the condition that, --------------------- if at any time after the principal of any Debenture shall have become due and payable, and before any judgment or decree for the payment of the moneys so due shall have been entered, all arrears of interest upon such Debenture and all other sums payable to the holder of such Debenture under or such Debenture and under this Agreement (except the principal amount which by such declaration shall have become payable) shall have been duly paid, and every other default and Event of Default shall have been made good or cured, then and in every such case the holder of such Debenture, by written instrument delivered to the Company, may rescind and annul such declaration and its consequences; but no such rescission or annulment shall extend to or affect any other or subsequent default or Event of Default or impair any right of the holders of any other Debenture consequent thereon.

Appears in 2 contracts

Samples: Subordinated Debenture and Warrant Purchase Agreement (Concorde Career Colleges Inc), Subordinated Debenture and Warrant Purchase Agreement (Concorde Career Colleges Inc)

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Annulment of Defaults. Section 7.1 is subject to the condition that, --------------------- if at any time after the principal of any Debenture shall have become due and payable, and before any judgment or decree for the payment of the moneys so due shall have been entered, all arrears of interest upon such Debenture and all other sums payable to the holder of such Debenture under or such Debenture and under this Agreement (except the principal amount which by such declaration shall have become payable) shall have been duly paid, and every other default and Event of Default shall have been made good or cured, then and in every such case the holder of such Debenture, by written instrument delivered to the Company, may rescind and annul such declaration and its consequences; but no such rescission or annulment shall extend to or affect any other or subsequent default or Event of Default or impair any right of the holders of any other Debenture consequent thereon.

Appears in 2 contracts

Samples: Debenture and Warrant Purchase Agreement (Cahill Edward L), Subordinated Debenture and Warrant Purchase Agreement (Cahill Edward L)

Annulment of Defaults. Section 7.1 6.01 is subject to the condition --------------------- that, --------------------- if at any time after the principal of any Debenture shall have become due and payable, and before any judgment or decree for the payment of the moneys so due shall have been entered, all arrears of interest upon such Debenture and all other sums payable to the holder of such Debenture under or such Debenture and under this Agreement (except the principal amount which by such declaration shall have become payable) shall have been duly paid, and every other default and Event of Default shall have been made good or cured, then and in every such case the holder of such Debenture, by written instrument delivered to filed with the Company, may rescind and annul such declaration and its consequences; but no such rescission or annulment shall extend to or affect any other or subsequent default or Event of Default or impair any right of the holders of any other Debenture consequent thereon.. ARTICLE VII

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Right Start Inc /Ca)

Annulment of Defaults. Section 7.1 9.1 is subject to the condition that, --------------------- if at any time after the principal of any Debenture the Convertible Notes shall have become due and payable, and before any judgment or decree for the payment of the moneys so due shall have been entered, all arrears of interest upon such Debenture Convertible Notes and all other sums payable to the holder holders of such Debenture under or such Debenture and under this Agreement the Convertible Notes (except the principal amount which by such declaration shall have become payable) shall have been duly paid, and every other default and Event of Default shall have been made good or cured, then and in every such case the holder of such Debenturethe Convertible Notes, by written instrument delivered to the Company, may rescind and annul such declaration and its consequences; but provided, however, that no such rescission or annulment shall extend to or affect any other or subsequent default or Event of Default or impair any right of the holders of any other Debenture Convertible Notes consequent thereon.

Appears in 1 contract

Samples: Securities Purchase Agreement (California Culinary Academy Inc)

Annulment of Defaults. Section 7.1 6.01 is subject to the --------------------- condition that, --------------------- if at any time after the principal of any Debenture shall have become due and payable, and before any judgment or decree for the payment of the moneys so due shall have been entered, all arrears of interest upon such Debenture and all other sums payable to the holder of such Debenture under or such Debenture and under this Agreement (except the principal amount which by such declaration shall have become payable) shall have been duly paid, and every other default and Event of Default shall have been made good or cured, then and in every such case the holder of such Debenture, by written instrument delivered to filed with the Company, may rescind and annul such declaration and its consequences; but no such rescission or annulment shall extend to or affect any other or subsequent default or Event of Default or impair any right of the holders of any other Debenture consequent thereon.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Right Start Inc /Ca)

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Annulment of Defaults. Section 7.1 is subject to the condition that, --------------------- if at any time after the principal of any Debenture shall have become due and payable, and before any judgment or decree for the payment of the moneys so due shall have been entered, all arrears of interest upon such Debenture and all other sums payable to the holder of such Debenture Holder under or such Debenture and under this Agreement (except the principal amount which by such declaration shall have become payable) shall have been duly paid, and every other default and Event of Default shall have been made good or cured, then and in every such case the holder Holder of such Debenture, by written instrument delivered to the Company, may rescind and annul such declaration and its consequences; but no such rescission or annulment shall extend to or affect any other or subsequent default or Event of Default or impair any right of the holders of any other Debenture Debentures consequent thereon.

Appears in 1 contract

Samples: Subordinated Debenture Purchase Agreement (Cahill Edward L)

Annulment of Defaults. Section 7.1 6.01 hereof is subject to the condition that, --------------------- if at any time after the principal of any Debenture of the Notes shall have become due and payable, and before any judgment or decree for the payment of the moneys so due shall have been entered, all arrears of interest upon such Debenture all the Notes and all other sums payable to under the holder of such Debenture under or such Debenture Notes and under this Agreement (except the principal amount of the Notes which by such declaration shall have become payable) shall have been duly paid, and every other default and Event of Default Noncompliance shall have been made good or cured, then and in every such case case, the holder holders of such Debenturea Two-Thirds Interest, by written instrument delivered to filed with the Company, may rescind and annul such declaration and its consequences; but no such rescission or annulment shall extend to or affect any other or subsequent default or Event of Noncompliance or Event of Default or impair any right of the holders of any other Debenture the Notes consequent thereon.

Appears in 1 contract

Samples: Subordinated Promissory Note Purchase Agreement (U S Vision Inc)

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