Common use of Defaults and Remedies Clause in Contracts

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 6 contracts

Samples: Indenture (Phibro Animal Health Corp), Indenture (Meritage Homes CORP), Indenture (Meritage Corp)

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Defaults and Remedies. Events The Indenture provides that the Trustee --------------------- will give the Debentureholders notice of an uncured Default are set forth in known to it, within 90 days after the Indenture. Subject to certain limitations in the Indenture, if occurrence of an Event of Default (other than as defined in the Indenture), or as soon as practicable after it learns of an Event of Default specified which occurred more than 90 days beforehand; provided that, except in Section 6.01(7) the case of Default in the payment of principal of or (8) with respect to interest on any of the Company) Debentures or any amount due on redemption, the Trustee may withhold such notice if it in good faith determines that the withholding of such notice is in the interest of the Debentureholders. In case an Event of Default occurs and is continuing, the Trustee or the Holders holders of not less than 25% in of aggregate principal amount of the outstanding Notes mayDebentures then outstanding, by written notice in writing to the Company (and to the Trustee and if given by the CompanyDebentureholders), and may declare the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and all accrued interest on all Notes the Debentures to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and Such declaration may be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders rescinded by holders of a majority in principal amount of the then outstanding Notes may direct Debentures if all existing Events of Default (except nonpayment of principal or interest that has become due solely because of the acceleration) have been cured or waived and if the rescission would not conflict with any judgment or decree. The Indenture requires the Company to file periodic reports with the Trustee in its exercise as to the absence of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsdefaults.

Appears in 6 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Corporation of New York), Indenture (Intervest Bancshares Corp)

Defaults and Remedies. Events The Indenture provides that the Trustee will give the Debentureholders notice of an uncured Default are set forth in known to it, within 90 days after the Indenture. Subject to certain limitations in the Indenture, if occurrence of an Event of Default (other than as defined in the Indenture), or as soon as practicable after it learns of an Event of Default specified which occurred more than 90 days beforehand; provided that, except in Section 6.01(7) the case of Default in the payment of principal of or (8) with respect to interest on any of the Company) Debentures or any amount due on redemption, the Trustee may withhold such notice if it in good faith determines that the withholding of such notice is in the interest of the Debentureholders. In case an Event of Default occurs and is continuing, the Trustee or the Holders holders of not less than 25% in of aggregate principal amount of the outstanding Notes mayDebentures then outstanding, by written notice in writing to the Company (and to the Trustee and if given by the CompanyDebentureholders), and may declare the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and all accrued interest on all Notes the Debentures to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and Such declaration may be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders rescinded by holders of a majority in principal amount of the then outstanding Notes may direct Debentures if all existing Events of Default (except nonpayment of principal or interest that has become due solely because of the acceleration) have been cured or waived and if the rescission would not conflict with any judgment or decree. The Indenture requires the Company to file periodic reports with the Trustee in its exercise as to the absence of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsdefaults.

Appears in 6 contracts

Samples: Indenture (Intervest Mortgage Corp), Article Eight (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee Trustee, by written notice to the Issuer, or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes mayNotes, by written notice to the Trustee Issuer and the CompanyTrustee, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 5 contracts

Samples: Indenture (William Lyon Homes Inc), Indenture (William Lyon Homes), Indenture (William Lyon Homes)

Defaults and Remedies. Events The Indenture provides that the Trustee will --------------------- give the Debentureholders notice of an uncured Default are set forth in known to it, within 90 days after the Indenture. Subject to certain limitations in the Indenture, if occurrence of an Event of Default (other than as defined in the Indenture), or as soon as practicable after it learns of an Event of Default specified which occurred more than 90 days beforehand; provided that, except in Section 6.01(7) the case of Default in the payment of principal of or (8) with respect to interest on any of the Company) Debentures or any amount due on redemption, the Trustee may withhold such notice if it in good faith determines that the withholding of such notice is in the interest of the Debentureholders. In case an Event of Default occurs and is continuing, the Trustee or the Holders holders of not less than 25% in of aggregate principal amount of the outstanding Notes mayDebentures then outstanding, by written notice in writing to the Company (and to the Trustee and if given by the CompanyDebentureholders), and may declare the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and all accrued interest on all Notes the Debentures to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and Such declaration may be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders rescinded by holders of a majority in principal amount of the then outstanding Notes may direct Debentures if all existing Events of Default (except nonpayment of principal or interest that has become due solely because of the acceleration) have been cured or waived and if the rescission would not conflict with any judgment or decree. The Indenture requires the Company to file periodic reports with the Trustee in its exercise as to the absence of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsdefaults.

Appears in 5 contracts

Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) of the Indenture with respect to the CompanyIssuer) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuer, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) of the Indenture occurs with respect to the CompanyIssuer, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuer under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 5 contracts

Samples: M/I Homes, Inc., Indenture (M I Homes Inc), M/I Homes, Inc.

Defaults and Remedies. The Notes shall have the Events of Default are set forth in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee by notice to the Company or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes mayby notice to the Company and the Trustee may declare all the Notes to be due and payable immediately, except that in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all unpaid principal and interest accrued on the Notes shall become due and payable immediately without further action or notice. The Holders of a majority in principal amount of the Notes then outstanding by written notice to the Trustee may rescind an acceleration and its consequences if the Company, rescission would not conflict with any judgment or decree and the Trustee upon the request if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderacceleration. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes issued under the Indenture may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice Company must furnish annually compliance certificates to the Trustee. The above description of any continuing default (except a default Events of Default and remedies is qualified by reference, and subject in payment of principalits entirety, premium, if any, or interest on to the Notes or a default more complete description thereof contained in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 5 contracts

Samples: Indenture (NTL Communications Corp), Indenture (NTL Communications Corp), Indenture (NTL Communications Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default with respect to the Notes (other than an Event of Default specified described in Section 6.01(7) clause (8) or (8) 9) of Section 6.01 of the Indenture with respect to the Company) occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to may declare the Trustee and the Company, and the Trustee upon the request principal of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and any accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified described in Section 6.01(7) clause (8) or (8) 9) of Section 6.01 of the Indenture occurs with respect to the Company, the principal amount of and any accrued interest on, all on the Notes then outstanding shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce The Trustee shall be under no obligation to exercise any of its rights or powers under the Indenture at the request or direction of any of the Notes except as provided in Holders, unless such Holders have offered to the Indenture. The Trustee may require security and indemnity satisfactory to it before it enforces the Indenture or Trustee. Except in the Notes. Subject to certain limitations, Holders case of a majority in principal amount Default or Event of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default Default in payment of principalthe principal of, premium, if any, or interest on any Note (including payments pursuant to a redemption or repurchase of the Notes or a default in pursuant to the observance or performance of any of the obligations of the Company under Article Five provisions of the Indenture) ), the Trustee may withhold the notice if it and so long as the board of directors, the executive committee or a trust committee of its directors and/or Responsible Officers in good faith determines that withholding the notice is in their best intereststhe interests of Holders.

Appears in 5 contracts

Samples: Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp)

Defaults and Remedies. Events of Default are set forth specified in the Indenture. Subject to certain limitations in In the Indenture, if case of an Event of Default arising under Section 6.01(10) or (11) of the Indenture, all outstanding Notes will become due and payable immediately without further action or notice. If any other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderimmediately. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment Default or Event of principal, premium, if any, or interest on Default from Holders of the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsinterest, except a Default or Event of Default relating to the payment of principal of, or interest, premium or Additional Interest, if any, on, the Notes. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, on behalf of all of the Holders, rescind an acceleration and its consequences, if the rescission would not conflict with any judgment or decree and if all existing Events of Default (except nonpayment of principal, interest or premium or Additional Interest, if any, that has become due solely because of the acceleration) have been cured or waived.

Appears in 4 contracts

Samples: Indenture (Platinum Pressure Pumping, Inc.), Second Supplemental Indenture (Platinum Energy Solutions, Inc.), Platinum Pressure Pumping, Inc.

Defaults and Remedies. (a) The Events of Default relating to the Notes are set forth defined in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default of the type specified in Section 6.01(7clause (vi) or (8) vii) of Section 6.01(a) of the Indenture) occurs and is continuing under the Indenture with respect to the Company) occurs and is continuingNotes, the Trustee or the Holders of not less than 2530.0% in aggregate principal amount of all of the then outstanding Notes may, by written notice to the Trustee Issuer and the CompanyTrustee, in either case specifying in such notice the respective Event of Default and that such notice is a “notice of acceleration”, declare the Trustee upon principal, premium, if any, interest and any other monetary obligations on all the request of the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes shallto be due and payable immediately. Upon the effectiveness of such declaration, declare all such principal of and accrued premium, if any, and interest on all Notes to will be immediately due and payable and such amounts shall become immediately due and payableimmediately. If Notwithstanding the foregoing, in the case of an Event of Default specified in Section 6.01(7arising under clause (vi) or (8) occurs with respect to vii) of Section 6.01(a) of the Company, the principal amount of and interest onIndenture, all outstanding Notes shall ipso facto will become and be immediately due and payable without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture Indenture, the Notes or the Notes Guarantees except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of all the Notes then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on power with respect to the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsNotes.

Appears in 4 contracts

Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default relating to certain bankruptcy or insolvency or similar events as specified in Section 6.01(7) or (8) with respect to Section 6.01(8) of the CompanyIndenture) occurs and is continuing, the Trustee Trustee, if it has received written notice of such Event of Default, or the Holders of not less than at least 25% in aggregate principal amount of the outstanding Notes maythen outstanding, by written notice to the Issuer (and to the Trustee and if such notice is given by the CompanyHolders), may, and the Trustee upon at the request written direction of the such Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all the principal of of, premium, if any, and accrued and unpaid interest on all the Notes to be immediately due and payable payable. Upon a declaration of acceleration, such principal of, premium, if any, and such amounts accrued and unpaid interest shall become be immediately due and payable. If an Event of Default relating to certain bankruptcy or insolvency events as specified in Section 6.01(7) or (8) occurs with respect to Section 6.01(8) of the CompanyIndenture occurs, the principal amount of of, premium, if any, and accrued and unpaid interest on, all on the Notes then outstanding shall ipso facto automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require security and/or indemnity satisfactory to it in its sole discretion before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority Majority in aggregate principal amount of the Notes then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsremedies.

Appears in 4 contracts

Samples: Indenture (Enduro SpA), Indenture (Emeco Parts Pty LTD), Indenture (Emeco Parts Pty LTD)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default specified in clause (7) or (8) of Section 6.01 of the Indenture with respect to the Company or any Guarantor occurs, all outstanding Notes shall become due and payable without any further action or notice. If any other Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture with respect to the CompanyCompany or any Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five V of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 4 contracts

Samples: Fourth Supplemental Indenture (QVC Inc), Indenture (QVC Inc), Indenture (QVC Inc)

Defaults and Remedies. (a) The Events of Default relating to the Notes are set forth defined in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default of the type specified in Section 6.01(7clause (vi) or (8) with respect to vii) of Section 6.01(a) of the CompanyIndenture) occurs and is continuingcontinuing under the Indenture, the Trustee or the Holders of not less than 2525.0% in aggregate principal amount of all of the then outstanding Notes may, by written notice to the Trustee Issuers and the CompanyTrustee, in either case specifying in such notice the respective Event of Default and that such notice is a “notice of acceleration,” declare the Trustee upon principal, premium, if any, interest and any other monetary obligations on all the request of the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes shallto be due and payable immediately. Upon the effectiveness of such declaration, declare all such principal of and accrued premium, if any, and interest on all Notes to will be immediately due and payable and such amounts shall become immediately due and payableimmediately. If Notwithstanding the foregoing, in the case of an Event of Default specified in Section 6.01(7arising under clause (vi) or (8) occurs with respect to vii) of Section 6.01(a) of the Company, the principal amount of and interest onIndenture, all outstanding Notes shall ipso facto will become and be immediately due and payable without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture Indenture, the Notes or the Notes Guarantees except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of all the Notes then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on power with respect to the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsNotes.

Appears in 4 contracts

Samples: Indenture (Summit Materials, Inc.), Indenture (Summit Materials, LLC), Indenture (Summit Materials, LLC)

Defaults and Remedies. Events The Indenture provides that the Trustee ----------------------- will give the Debentureholders notice of an uncured Default are set forth in known to it, within 90 days after the Indenture. Subject to certain limitations in the Indenture, if occurrence of an Event of Default (other than as defined in the Indenture), or as soon as practicable after it learns of an Event of Default specified which occurred more than 90 days beforehand; provided that, except in Section 6.01(7) the case of Default in the payment of principal of or (8) with respect to interest on any of the Company) Debentures or any amount due on redemption, the Trustee may withhold such notice if it in good faith determines that the withholding of such notice is in the interest of the Debentureholders. In case an Event of Default occurs and is continuing, the Trustee or the Holders holders of not less than 25% in of aggregate principal amount of the outstanding Notes mayDebentures then outstanding, by written notice in writing to the Company (and to the Trustee and if given by the CompanyDebentureholders), and may declare the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and all accrued interest on all Notes the Debentures to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and Such declaration may be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders rescinded by holders of a majority in principal amount of the then outstanding Notes may direct Debentures if all existing Events of Default (except nonpayment of principal or interest that has become due solely because of the acceleration) have been cured or waived and if the rescission would not conflict with any judgment or decree. The Indenture requires the Company to file periodic reports with the Trustee in its exercise as to the absence of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsdefaults.

Appears in 4 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) of the Indenture with respect to the CompanyIssuer or any Restricted Subsidiary) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallIssuer, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) of the Indenture occurs with respect to the CompanyIssuer or any Restricted Subsidiary, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may may, in writing, direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuer under Article Five 5 of the Indenture) if it determines in its sole discretion that withholding notice is in their the Holders' best interests.

Appears in 4 contracts

Samples: Canwest Media Inc, Canwest Media Inc, Canwest Media Inc

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default with respect to the Notes (other than an Event of Default specified described in Section 6.01(7) clause (8) or (8) 9) of Section 6.01 of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all Notes to be immediately due and payable the principal of the Notes and such amounts shall become immediately any accrued interest on the Notes to be due and payablepayable immediately. If an Event of Default specified described in Section 6.01(7) clause (8) or (8) 9) of Section 6.01 of the Indenture occurs with respect to the Company, the principal amount of and any accrued interest on, all on the Notes then outstanding shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce The Trustee shall be under no obligation to exercise any of its rights or powers under the Indenture at the request or direction of any of the Notes except as provided in Holders, unless such Holders have offered to the Indenture. The Trustee may require security and indemnity satisfactory to it before it enforces the Indenture or Trustee. Except in the Notes. Subject to certain limitations, Holders case of a majority in principal amount Default or Event of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default Default in payment of principalthe principal of, premium, if any, or interest on any Note (including payments pursuant to a redemption or repurchase of the Notes or a default in pursuant to the observance or performance of any of the obligations of the Company under Article Five provisions of the Indenture) ), the Trustee may withhold the notice if it and so long as the board of directors, the executive committee or a trust committee of its directors and/or Responsible Officers in good faith determines that withholding the notice is in their best intereststhe interests of Holders.

Appears in 3 contracts

Samples: Indenture (Fti Consulting Inc), Indenture (Alliance Data Systems Corp), Supplemental Indenture (Fti Consulting Inc)

Defaults and Remedies. The Notes have the Events of Default are as set forth in Section 6.1 of the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an by notice in writing to the Issuers specifying the Event of Default. Certain events of bankruptcy or insolvency are Events of Default specified and shall result in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately being due and payable without any declaration or other act on immediately upon the part occurrence of the Trustee or any Holdersuch Events of Default. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory refuse to it before it enforces enforce the Indenture or the NotesNotes unless it receives an indemnity reasonably satisfactory to it. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or powerpower with respect to the Notes. The Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may withhold from on behalf of the Holders notice of all of the Notes waive any continuing default (existing Default or Event of Default and its consequences under the Indenture with respect to the Notes except a default continuing Default or Event of Default in the payment of principal, premium, if anyinterest on, or interest on the Notes or a default principal of, the Notes. The above description of Events of Default and remedies is qualified by reference, and subject in its entirety, to the more complete description thereof contained in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Sealed Air Corp/De

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 6.01 of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes mayNotes, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all Notes to be immediately due and payable the entire principal amount of all the Notes then outstanding plus accrued and such amounts unpaid interest to the date of acceleration and the same shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 6.01 of the Indenture occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto IPSO FACTO become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD, Norske Skog Canada LTD

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the CompanyIssuer) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuers, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the CompanyIssuer, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuers under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Indenture (Ashton Woods USA L.L.C.), Ashton Houston Residential L.L.C., Ashton Houston Residential L.L.C.

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes mayNotes, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all Notes to be immediately due and payable the entire principal amount of all the Notes then outstanding plus accrued and such amounts unpaid interest to the date of acceleration and the same shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc), Indenture (Massey Energy Co)

Defaults and Remedies. The Events of Default relating to the Notes are set forth defined in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders Hold- ers of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, may by written notice in writing to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, Issu- er declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderimmediately. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal princi- pal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default Default or Event of Default (except a default in De- fault or Event of Default relating to the payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it it, in good faith, determines that withholding notice is in their best interestsinterest. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture, except a continuing Default or Event of Default in the payment of interest, or the principal of, premium, if any, or interest on, the Notes (including in connection with a Change of Control Offer) or in respect of a covenant or provision of the Indenture which under Article 9 of the Indenture cannot be mod- ified or amended without the consent of the Holder of each outstanding Note affected. The Issuer is re- quired to deliver to the Trustee annually a statement regarding compliance with the Indenture.

Appears in 3 contracts

Samples: Execution Version, Indenture, Indenture

Defaults and Remedies. (a) The Events of Default relating to the Notes are set forth defined in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default of the type specified in Section 6.01(7clause (vi) or (8) vii) of Section 6.01(a) of the Indenture with respect to the CompanyIssuer) occurs and is continuingcontinuing under the Indenture, the Trustee or the Holders of not less than 2530.0% in aggregate principal amount of all of the then total outstanding Notes may, by written notice to the Trustee Issuers and the CompanyTrustee, in either case specifying in such notice the respective Event of Default and that such notice is a “notice of acceleration,” declare the Trustee upon principal, premium, if any, interest and any other monetary obligations on all the request of the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes shallto be due and payable immediately. Upon the effectiveness of such declaration, declare all such principal of and any previously accrued and payable premium, if any, and interest on all Notes to will be immediately due and payable and such amounts shall become immediately due and payableimmediately. If Notwithstanding the foregoing, in the case of an Event of Default specified in Section 6.01(7arising under clause (vi) or (8) occurs vii) of Section 6.01(a) of the Indenture with respect to the Company, the principal amount of and interest onIssuer, all outstanding Notes shall ipso facto will become and be immediately due and payable without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture Indenture, the Notes or the Notes Guarantees except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of all the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Indenture (Change Healthcare Inc.), Indenture (Change Healthcare Inc.), Supplemental Indenture (Change Healthcare Inc.)

Defaults and Remedies. Events of Default are set forth in If the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified described in Section 6.01(75.01(d) or (8) with respect to of the Company) Base Indenture occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes mayNotes, by written notice together with accrued interest to the Trustee and the Companydate of declaration, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes may be declared to be immediately due and payable immediately in the manner and such amounts shall become immediately due and payable. If an Event of Default specified with the effect provided in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HolderIndenture. Holders of Notes may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory is not obligated to it before it enforces enforce the Indenture or the NotesNotes unless it has received security or indemnity satisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in not less than 25% of the aggregate principal amount of the Notes then outstanding Notes may to direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice Accordingly, the Holder of any continuing default (except a default this Note has no right to accelerate the Maturity of this Note in payment of principal, premium, if anythe event the Company fails to pay the principal of, or interest on on, any of the Notes or a default fails to perform any other obligations under the Notes or in the observance or performance Indenture that are applicable to the Notes, other than in the case of any an Event of Default described in Section 5.01(d) of the obligations Base Indenture, in which case the Principal shall become immediately due and payable without any declaration or other act by the Trustee or the Holder, in accordance with Section 5.01 of the Company under Article Five of the Base Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (First Busey Corp /Nv/), Third Supplemental Indenture (First Busey Corp /Nv/), Second Supplemental Indenture (First Busey Corp /Nv/)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than excluding an Event of Default specified in Section 6.01(75.01(viii) or (8) ix) of the Supplemental Indenture with respect to the Company (but including an Event of Default specified in Section 5.01(viii) or (ix) of the Supplemental Indenture solely with respect to a Significant Subsidiary of the Company)) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of Company or the Holders of not less than at least twenty five percent (25% %) in aggregate principal amount of the Securities then outstanding Notes shallby written notice to the Company and the Trustee may declare the Securities to be due and payable. Upon such declaration, declare all the principal of of, and any premium and accrued and unpaid interest on on, all Notes to Securities shall be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(75.01(viii) or (8) occurs ix) of the Supplemental Indenture with respect to the Company (excluding, for purposes of this sentence, an Event of Default specified in Section 5.01(viii) or (ix) of the Supplemental Indenture solely with respect to a Significant Subsidiary of the Company) occurs, the principal amount of of, and premium and accrued and unpaid interest on, all Notes the Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in aggregate principal amount of the Securities then outstanding by written notice to the Trustee may rescind or annul an acceleration and its consequences if (A) the rescission would not conflict with any order or decree, (B) all existing Events of Default, except the nonpayment of principal, premium or interest that has become due solely because of the acceleration, have been cured or waived and (C) all amounts due to the Trustee under Section 607 of the Base Indenture have been paid. Holders may not enforce the Indenture or the Notes Securities except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee in its exercise of or exercising any trust or powerpower conferred on it. The However, the Trustee may refuse to follow any direction that conflicts with law or the Indenture, is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability unless the Trustee is offered indemnity reasonably satisfactory to it; provided, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction. If a Default or Event of Default occurs and is continuing as to which the Trustee has received written notice pursuant to the provisions of the Indenture, or as to which a Responsible Officer of the Trustee shall have actual knowledge, the Trustee shall mail to each Holder a notice of the Default or Event of Default within thirty (30) days after receipt of such notice or after acquiring such knowledge, as applicable, unless such Default or Event of Default has been cured or waived. Except in the case of a Default or Event of Default in payment of any amounts due with respect to any Security, the Trustee may withhold from Holders the notice of any continuing default (except a default if, and so long as it in payment of principalgood faith determines that, premium, if any, or interest on withholding the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their the best interestsinterests of Holders. The Company must deliver to the Trustee an annual compliance certificate.

Appears in 3 contracts

Samples: Health Care Reit Inc /De/, Health Care Reit Inc /De/, Health Care Reit Inc /De/

Defaults and Remedies. (a) The Events of Default relating to the Notes are set forth defined in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default of the type specified in Section 6.01(7clause (vi) or (8) with respect to vii) of Section 6.01(a) of the CompanyIndenture) occurs and is continuingcontinuing under the Indenture, the Trustee or the Holders of not less than 2525.0% in aggregate principal amount of all of the then outstanding Notes may, by written notice to the Trustee Issuers and the CompanyTrustee, in either case specifying in such notice the respective Event of Default and that such notice is a “notice of acceleration,” declare the Trustee upon principal, premium, if any, interest and any other monetary obligations on all the request of the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes shallto be due and payable immediately. Upon the effectiveness of such declaration, declare all such principal of and accrued premium, if any, and interest on all Notes to will be immediately due and payable and such amounts shall become immediately due and payableimmediately. If Notwithstanding the foregoing, in the case of an Event of Default specified in Section 6.01(7arising under clause (vi) or (8) occurs with respect to vii) of Section 6.01(a) of the Company, the principal amount of and interest onIndenture, all outstanding Notes shall ipso facto will become and be immediately due and payable without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture Indenture, the Notes or the Notes Guarantees except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of all the Notes then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Indenture (Gates Industrial Corp PLC), Indenture (Summit Materials, LLC), Indenture (Summit Materials, LLC)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the CompanyIssuer) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuer, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the CompanyIssuer, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuer under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP), Indenture (M I Homes Inc)

Defaults and Remedies. The Notes shall have the Events of Default are as set forth in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee by notice to the Company or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes mayby notice to the Company and the Trustee may declare all the Notes to be due and payable immediately, except that in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all unpaid principal and interest accrued on the Notes shall become due and payable immediately without further action or notice. The Holders of a majority in principal amount of the Notes then outstanding by written notice to the Trustee may rescind an acceleration and its consequences if the Company, rescission would not conflict with any judgment or decree and the Trustee upon the request if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderacceleration. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes issued under the Indenture may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice Company must furnish annually compliance certificates to the Trustee. The above description of any continuing default (except a default Events of Default and remedies is qualified by reference, and subject in payment of principalits entirety, premium, if any, or interest on to the Notes or a default more complete description thereof contained in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 3 contracts

Samples: Indenture (NTL Communications Corp), Indenture (NTL Communications Corp), NTL Communications Corp

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default specified in Section 6.01(7clause (f), (g), (h) or (8) with respect to k) of Section 6.01 of the CompanyIndenture) occurs and is continuing, the Trustee or then the Holders of not less than at least 25% in aggregate principal amount of the outstanding Notes Debt Securities may, by written notice to the Trustee and the Companynotice, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Debt Securities shall, declare all the principal of and of, premium, if any, accrued interest and any other amounts (including, Additional Amounts and Default Interest, if any), on all Notes the Debt Securities to be immediately due and payable and payable. Upon any such declaration such amounts shall become immediately due and payablepayable immediately. If an Event of Default specified in Section 6.01(7clause (f), (g), (h) or (8) k) of Section 6.01 of the Indenture occurs with respect to the Companyand is continuing, then the principal amount of of, premium, if any, accrued interest and interest onany other amounts (including Additional Amounts and Default Interest, if any) on all Notes the Debt Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes Debt Securities except as provided in the Indenture. The Trustee may require indemnity satisfactory is not obligated to it before it enforces enforce the Indenture or the NotesDebt Securities unless it has received indemnity satisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Debt Securities then outstanding Notes may to direct the Trustee in its exercise of any trust or power. The Trustee may may, subject to certain exceptions set forth in the Indenture, withhold from Holders notice of any continuing default (except a default in payment Default or Event of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) Default if it determines that withholding notice is in their best interestsinterest.

Appears in 3 contracts

Samples: Indenture (Autopistas Del Sol Sa), Indenture (Autopistas Del Sol Sa), Autopistas Del Sol Sa

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in clause (vi) of Section 6.01(7) or (8) 7.01 of the Base Indenture with respect to the Company) occurs and is continuing, the Trustee Trustee, by written notice to the Company, or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes maythen Outstanding PIK Toggle Notes, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all Notes to be immediately due and payable the entire principal amount of all the PIK Toggle Notes then Outstanding plus accrued and such amounts unpaid interest to the date of acceleration and the same shall become immediately due and payable. If an Event of Default specified in clause (vi) of Section 6.01(7) or (8) occurs with respect to 7.01 of the CompanyBase Indenture occurs, the principal amount of and interest on, on all PIK Toggle Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the PIK Toggle Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the PIK Toggle Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Outstanding PIK Toggle Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Indenture (Catalyst Paper General Partnership), Article Ix (Catalyst Paper Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) of the Indenture occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Indenture (Res Care Inc /Ky/), Matria Healthcare Inc

Defaults and Remedies. Events In the case of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event arising from certain events of Default specified in Section 6.01(7) bankruptcy or (8) insolvency, with respect to the Company) Company or any of its Restricted Subsidiaries that is a Significant Subsidiary or any group of Restricted Subsidiaries that, taken together, would constitute a Significant Subsidiary, all outstanding Notes will become due and payable immediately without further action or notice. If any other Event of Default occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an by notice in writing to the Company specifying the Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part Default. Holders of the Trustee or any Holder. Holders Notes may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing default Default or Event of Default (except a default in Default or Event of Default relating to the payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the IndentureLiquidated Damages) if it determines that withholding notice is in their best interestsinterest. The Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture except a continuing Default or Event of Default in the payment of interest or Liquidated Damages, if any, on, or the principal of, the Notes.

Appears in 2 contracts

Samples: Indenture (Geo Group Inc), Indenture (Geo Group Inc)

Defaults and Remedies. Events In the case of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default under Sections 6.01(h) and (i) of the Indenture, all unpaid principal of, and premium, if any, and accrued and unpaid interest and Additional Interest, if any, on, all outstanding Notes shall become due and payable immediately without further action or notice. If any other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an by notice in writing to the Company specifying the Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part Default. Holders of the Trustee or any Holder. Holders Notes may not enforce the Indenture Indenture, the Notes or the Notes Security Documents except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces Indenture and the Indenture or the NotesSecurity Documents. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing default Default or Event of Default (except a default in Default or Event of Default relating to the payment of principal, premiumpremium or interest or Additional Interest, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsinterest. In the case of any Event of Default occurring by reason of any willful action or inaction taken or not taken by or on behalf of the Company with the intention of avoiding payment of the premium that the Company would have had to pay if the Company then had elected to redeem the Notes pursuant to Section 3.07 of the Indenture, an equivalent premium shall also become and be immediately due and payable to the extent permitted by law upon the acceleration of the Notes.

Appears in 2 contracts

Samples: Indenture (Hexacomb CORP), First Supplemental Indenture (Pregis Holding II CORP)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in clause (6) of Section 6.01(75.01(a) or (8) of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes mayNotes, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all Notes to be immediately due and payable the entire principal amount of all the Notes then outstanding plus accrued and such amounts unpaid interest to the date of acceleration and the same shall become immediately due and payable. If an Event of Default specified in clause (6) of Section 6.01(75.01(a) or (8) occurs with respect to of the CompanyIndenture occurs, the principal amount of and interest on, on all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five V of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Indenture (Catalyst Paper Corp), Satisfaction and Discharge (Catalyst Paper Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in 6.02(b) of the Indenture, if an any Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then-outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If Notwithstanding the foregoing, in the case of an Event of Default specified in Section 6.01(7) arising from certain events of bankruptcy or (8) occurs insolvency with respect to the Company, the principal amount of and interest onany Issuer, all outstanding Notes shall ipso facto will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then then-outstanding Notes may direct the Trustee in its exercise of any trust or power. The Holders of a majority in aggregate principal amount of the then-outstanding Notes by written notice to the Trustee may withhold from may, on behalf of the Holders notice of all of the Notes, rescind an acceleration or waive any continuing default (existing Default or Event of Default and its consequences under the Indenture except a default continuing Default or Event of Default in the payment of principalthe principal of, premium, if any, or interest on the Notes or a default in covenant or provision of the observance Indenture which cannot be modified or performance amended without the consent of the Holder of each outstanding Note affected. The Issuers are required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required, upon becoming aware of any Default or Event of Default, to deliver to the obligations Trustee a statement specifying such Default or Event of Default and the remedial action the Company under Article Five of the Indenture) if it determines that withholding notice is proposes to take in their best interestsconnection therewith.

Appears in 2 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.01(g) or (8) h) with respect to the Company) occurs and is continuing, the Trustee Note Trustee, by written notice to the Issuer, or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes mayNotes, by written notice to the Trustee Issuer and the CompanyNote Trustee, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(76.01(g) or (8) h) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Note Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Note Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Note Trustee in its exercise of any trust or power. The Note Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Indenture (LYON EAST GARRISON Co I, LLC), William Lyon Homes

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 with respect to the CompanyIssuer) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuer, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 occurs with respect to the CompanyIssuer, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuer under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

Defaults and Remedies. The Events of Default relating to the Notes are set forth defined in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, may by written notice in writing to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, Issuer declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderimmediately. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default Default or Event of Default (except a default in Default or Event of Default relating to the payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it it, in good faith, determines that withholding notice is in their best interestsinterest. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture, except a continuing Default or Event of Default in the payment of interest, or the principal of, premium, if any, or interest on, the Notes (including in connection with a Change of Control Offer) or in respect of a covenant or provision of the Indenture which under Article 9 of the Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. The Issuer is required to deliver to the Trustee annually a statement regarding compliance with the Indenture.

Appears in 2 contracts

Samples: Indenture (Norbord Inc.), Indenture (Norbord Inc.)

Defaults and Remedies. The Notes shall have the Events of Default are set forth in Section 8.01 of the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee by notice to the Company or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes mayby notice to the Company and the Trustee may declare all the Notes to be due and payable immediately, except that in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all unpaid principal and interest accrued on the Notes shall become due and payable immediately without further action or notice. The Holders of a majority in principal amount of the Notes then outstanding by written notice to the Trustee may rescind an acceleration and its consequences if the Company, rescission would not conflict with any judgment or decree and the Trustee upon the request if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderacceleration. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes issued under the Indenture may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice Company must furnish annually compliance certificates to the Trustee. The above description of any continuing default (except a default Events of Default and remedies is qualified by reference, and subject in payment of principalits entirety, premium, if any, or interest on to the Notes or a default more complete description thereof contained in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: NTL Delaware Inc, Echostar Communications Corp

Defaults and Remedies. Events In the case of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event arising from certain events of Default specified in Section 6.01(7) bankruptcy or (8) insolvency, with respect to the Company) Company or any of the Restricted Subsidiaries that is a Significant Subsidiary or any group of Restricted Subsidiaries that, taken together, would constitute a Significant Subsidiary, all outstanding Notes will become due and payable immediately without further action or notice. If any other Event of Default occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an by notice in writing to the Company specifying the Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part Default. Holders of the Trustee or any Holder. Holders Notes may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing default Default or Event of Default (except a default in Default or Event of Default relating to the payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interestsinterest. The Holders of a majority in principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences under the Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, the Notes.

Appears in 2 contracts

Samples: Geo Group Inc, Geo Group Inc

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuer, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest (in addition to the Default Rate) on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Companyoccurs, the principal amount of and interest on, on all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuer under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Gsi Group Inc, Gsi Group Inc

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture with respect to the CompanyIssuer) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuer, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture occurs with respect to the CompanyIssuer, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuer under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Indenture (Meritage Homes CORP), Meritage Homes CORP

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company) occurs Notes and is continuing, the Trustee or the Holders of not less than 25at least 30% in aggregate principal amount of the then outstanding Notes may, by written notice to may declare the Trustee and the Companyprincipal of, and accrued and unpaid interest, if any, on, all the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If Notwithstanding the foregoing, in the case of an Event of Default specified arising from certain events of bankruptcy or insolvency of the Issuer, as described in Section 6.01(7) or (8) occurs with respect to the CompanyIndenture, the principal amount of of, and interest accrued and unpaid interest, if any, on, all Notes shall ipso facto outstanding Notes, will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or powerpower with respect to the Notes. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may withhold from may, on behalf of the Holders notice of all of the Notes, rescind an acceleration or waive any continuing default (existing Default or Event of Default with respect to the Notes and its consequences under the Indenture except a default continuing Default or Event of Default in the payment of principal, premium, if anyinterest or premium on, or interest on the Notes or a default in principal of, the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsNotes.

Appears in 2 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, The Indenture provides that if an Event of Default (other than an Event of Default specified in Section 6.01(7Sections 6.01(a)(viii) or (8) 6.01(a)(ix) of the Indenture with respect to the Company) occurs and is continuing, the Trustee by notice to the Company or the Holders of not less than at least 25% in aggregate principal amount of the Notes then outstanding Notes may, by written notice to the Trustee Company and the CompanyTrustee, and may declare the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of plus accrued and unpaid Special Interest, if any, on the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(7Sections 6.01(a)(viii) or (8) occurs 6.01(a)(ix) of the Indenture with respect to the CompanyCompany (and not solely with respect to one or more of its Significant Subsidiaries), occurs and is continuing, the principal amount of plus accrued and interest onunpaid Special Interest, all if any, on the Notes shall ipso facto shall, automatically and without any action by the Trustee or any Holder, become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the IndentureHolders. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct at the time outstanding, by notice to the Trustee in its exercise and the Company, and without notice to any other Holder, may rescind any declaration of acceleration if the rescission would not conflict with any trust judgment or power. The Trustee may withhold from Holders notice decree and if all existing Events of any continuing default (except a default in payment Default have been cured or waived other than nonpayment of principal, premiumthe principal amount or accrued but unpaid Special Interest, if any, that have become due solely as a result of acceleration. No such rescission shall affect any subsequent Default or interest on the Notes or a default in the observance or performance of impair any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsright consequent thereto.

Appears in 2 contracts

Samples: Fundamental Change Purchase (Rh), Fundamental Change Purchase (Rh)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in 6.02(b) of the Indenture, if an any Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If Notwithstanding the foregoing, in the case of an Event of Default specified in Section 6.01(7) arising from certain events of bankruptcy or (8) occurs insolvency with respect to the Company, the principal amount of and interest onany Issuer, all outstanding Notes shall ipso facto will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may withhold from may, on behalf of the Holders notice of all of the Notes, rescind an acceleration or waive any continuing default (existing Default or Event of Default and its consequences under the Indenture except a default continuing Default or Event of Default in the payment of principalthe principal of, premium, if any, or interest on the Notes or a default in covenant or provision of the observance Indenture which cannot be modified or performance amended without the consent of the Holder of each outstanding Note affected. The Issuers are required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required, upon becoming aware of any Default or Event of Default, to deliver to the obligations Trustee a statement specifying such Default or Event of Default and the remedial action the Company under Article Five of the Indenture) if it determines that withholding notice is proposes to take in their best interestsconnection therewith.

Appears in 2 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company) occurs Notes and is continuing, the Trustee or the Holders of not less than 25at least 30% in aggregate principal amount of the then outstanding Notes may, by written notice to may declare the Trustee and the Companyprincipal of, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallaccrued and unpaid interest, declare all principal of and accrued interest if any, on all the Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If Notwithstanding the foregoing, in the case of an Event of Default specified in Section 6.01(7) arising from certain events of bankruptcy or (8) occurs insolvency with respect to the CompanyIssuer, as described in the Indenture, the principal amount of of, and interest onaccrued and unpaid interest, if any, on all Notes shall ipso facto outstanding Notes, will become and be immediately due and payable immediately without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or powerpower with respect to the Notes. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may withhold from may, on behalf of the Holders notice of all of the Notes, rescind an acceleration or waive any continuing default (existing Default or Event of Default with respect to the Notes and its consequences under the Indenture except a default continuing Default or Event of Default in the payment of principal, premium, if anyinterest or premium on, or interest on the Notes or a default in principal of, the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsNotes.

Appears in 2 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default specified in Section 6.01(76.01(f) or (8) g) of the Indenture with respect to the CompanyIssuers) occurs and is continuing, the First Lien Trustee by notice to the Issuers or the Holders holders of not less than at least 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and Issuers (with a copy to the CompanyFirst Lien Trustee) may declare the principal of, premium, if any, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued but unpaid interest on all the Notes to be immediately due and payable. Upon such a declaration, such principal and interest will be due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.01(f) or (8) occurs g) of the Indenture with respect to the CompanyIssuers occurs, the principal amount of of, premium, if any, and interest on, on all the Notes shall ipso facto will become and be immediately due and payable without any declaration or other act on the part of the First Lien Trustee or any Holderholders. Holders may not enforce In addition, upon the acceleration of the Notes in connection with an Event of Default under Section 6.01(a), (b), (f) or (g) of the Indenture prior to April 15, 2024, an amount equal to the Applicable Premium or optional redemption premium, as applicable, that would have been payable in connection with an optional redemption of the Notes except as provided in at the Indenture. The time of the occurrence of such acceleration will become and be immediately due and payable with respect to all Notes without any declaration or other act on the part of the First Lien Trustee may require indemnity satisfactory to it before it enforces the Indenture or any holders of the Notes. Subject The amounts described in the preceding sentence are intended to certain limitations, Holders be liquidated damages and not unmatured interest or a penalty. The holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in rescind any such acceleration and its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.consequences if:

Appears in 2 contracts

Samples: Exchange Agreement (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, Securities may declare all principal of and accrued interest on all Notes the Securities to be immediately due and payable immediately; PROVIDED that so long as at least $15 million of Senior Debt is outstanding under the Credit Agreement, no acceleration of the maturity of the Securities shall be effective until the earlier of (i) five days after notice of acceleration is received by the Representative under the Credit Agreement (unless such Event of Default is cured or waived prior thereto) and such amounts shall become immediately due and payable(ii) the date on which any Senior Debt under the Credit Agreement is accelerated. If Notwithstanding the foregoing, in the case of an Event of Default specified in Section 6.01(7) arising from certain events of bankruptcy or (8) occurs insolvency with respect to the Company, the principal amount Company or any of and interest onits Significant Subsidiaries, all Notes shall ipso facto outstanding Securities will become and be immediately due and payable without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders Securityholders may not enforce the Indenture Indenture, the Securities or the Notes Guarantees except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders Securityholders notice of any continuing default Default or Event of Default (except a default in Default or Event of Default relating to the payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interestsinterest.

Appears in 2 contracts

Samples: Tia Indenture (Sun Healthcare Group Inc), Tia Indenture (Sun Healthcare Group Inc)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default specified in Section 6.01(7) related to bankruptcy or (8) with respect to insolvency of the Company or any Significant Subsidiary of the Company) under the Indenture occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes maymay declare the unpaid principal of, by written notice to the Trustee and the Companypremium, if any, and accrued and unpaid interest on, all the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the Notes then outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable immediately, by a notice in writing to the Company (and to the Trustee, if given by Holders) specifying the relevant Event of Default and upon any such amounts declaration such principal, premium, if any, and accrued and unpaid interest shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) related to bankruptcy or (8) occurs with respect to insolvency of the Company, any Significant Subsidiary of the Company or any Subsidiaries of the Company that, taken together as a whole, would constitute a Significant Subsidiary occurs, all unpaid principal amount of of, and accrued interest on, all the Notes then outstanding shall ipso facto become and be immediately due and payable immediately, without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity and security satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: HHG Distributing, LLC, HHG Distributing, LLC

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(ix) or (8) x) of the Indenture with respect to the Companyan Issuer) occurs and is continuing, the Trustee or then the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities shall, declare all principal the Default Amount of and any accrued interest on all Notes of the Securities to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(a)(ix) or (8) x) of the Indenture occurs with respect to the Companyan Issuer, the principal amount of and interest on, all Notes Default Amount shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture Indenture, the Securities or the Notes any Subsidiary Guarantee except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture Indenture, the Securities or the Notesany Subsidiary Guarantee. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principalthe Default Amount, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Sprint Spectrum L P, Sprint Spectrum Finance Corp

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (4) or (8) with respect to 5) of Section 6.01 of the CompanyIndenture) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallIssuer, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (4) or (8) occurs with respect to 5) of Section 6.01 of the CompanyIndenture occurs, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require security or indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes when and as the same shall become due and payable) if the executive committee or a default in the observance trust committee of directors or performance of any Responsible Officers of the obligations of the Company under Article Five of the Indenture) if it Trustee in good faith determines that the withholding of such notice is in their best intereststhe interests of the Holders of the Notes.

Appears in 2 contracts

Samples: Sears Holdings Corp, Sears Holdings Corp

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 6.01 of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 6.01 of the Indenture occurs and is continuing with respect to the Company, the principal amount of of, and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require reasonable indemnity and security satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsnot opposed to the interest of the Holders.

Appears in 2 contracts

Samples: Supplemental Indenture (Trilogy International Partners Inc.), Indenture (Alignvest Acquisition Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indentureexceptions, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuingoccurs, then the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the outstanding Outstanding Notes may, by written notice to the Trustee and the Companynotice, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Outstanding Notes shallis obligated to, declare all the principal of and accrued interest on all the Notes to be immediately due and payable immediately, provided that so long as the Bank Credit Facility is in effect, such acceleration shall not be effective until the earlier of (i) five business days following the delivery of notice of acceleration to the agent under the Bank Credit Facility and such amounts shall become immediately due and payable(ii) the acceleration of any Indebtedness under the Bank Credit Facility. If In the case of an Event of Default specified in Section 6.01(7) arising from certain events of bankruptcy or (8) occurs with respect to the Companyinsolvency, then the principal amount of and accrued interest on, on all the Outstanding Notes shall ipso facto will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity indemnification satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, principal (premium, if any, ) or interest on the Notes (or a default in the observance or performance payment of any of the obligations of the Company under Article Five of the IndentureNote repurchase price) if it determines that withholding notice is in their best interests. The Company must furnish quarterly and annual compliance certificates to the Trustee.

Appears in 2 contracts

Samples: St Charles Gaming Co Inc, Grand Palais Riverboat Inc

Defaults and Remedies. The Notes shall have the Events of Default are set forth in Section 8.01 of the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee by notice to the Company or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes mayby notice to the Company and the Trustee may declare all the Notes to be due and payable immediately, except that in the case of an Event of Default arising from certain events of bankruptcy, insolvency or reorganization, all unpaid principal and interest accrued on the Notes shall become due and payable immediately without further action or notice. The Holders of a majority in principal amount of the Notes then outstanding by written notice to the Trustee may rescind an acceleration and its consequences if the Company, rescission would not conflict with any judgment or decree and the Trustee upon the request if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderacceleration. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes issued under the Indenture may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice Company must furnish annually compliance certificates to the Trustee. The above description of any continuing default (except a default Events of Default and remedies is qualified by reference, and subject in payment of principalits entirety, premium, if any, or interest on to the Notes or a default more complete description thereof contained in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Akamai Technologies Inc, Akamai Technologies Inc

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) Securities of this series occurs and is continuing, then, and in each and every such case, either the Trustee Trustee, by notice in writing to the Company, or the Holders of not less than 25% in aggregate of the principal amount of the outstanding Notes maySecurities of this series then outstanding, by written notice in writing to the Trustee Company and the CompanyTrustee, may, and the Trustee upon at the request of the such Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all due and payable, if not already due and payable, the principal of and any accrued and unpaid interest on all Notes to of the Securities of this series; and upon any such declaration all such amounts upon such Securities shall become and be immediately due and payable and such amounts shall become immediately due and payable, anything in the Indenture or in the Securities to the contrary notwithstanding. If an Event of Default specified in Section 6.01(7clause (5) or (8) 6) of Section 501 of the Indenture occurs with respect to the Company, then the principal amount of and any accrued and unpaid interest on, on all Notes of the Securities shall ipso facto immediately become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes Securities except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the NotesSecurities. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities of this series may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Indenture (Nova Chemicals Corp /New), Nova Chemicals Corp /New

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(ix) or (8) x) of the Indenture with respect to the Companyan Issuer) occurs and is continuing, the Trustee or then the Holders of not less than 25% in aggregate principal amount at maturity of the outstanding Notes Securities may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount at maturity of the outstanding Notes Securities shall, declare all principal the Default Amount of and any accrued interest on all Notes of the Securities to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(a)(ix) or (8) x) of the Indenture occurs with respect to the Companyan Issuer, the principal amount of and interest on, all Notes Default Amount shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture Indenture, the Securities or the Notes any Subsidiary Guarantee except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture Indenture, the Securities or the Notesany Subsidiary Guarantee. Subject to certain limitations, Holders of a majority in principal amount at maturity of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principalthe Default Amount, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests.

Appears in 2 contracts

Samples: Sprint Spectrum Finance Corp, Sprint Spectrum L P

Defaults and Remedies. Events In the case of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event arising from certain events of Default specified in Section 6.01(7) bankruptcy or (8) insolvency, with respect to the Company) Issuer, any Restricted Subsidiary that is a Significant Subsidiary or any group of Restricted Subsidiaries that, taken together, would constitute a Significant Subsidiary, all outstanding Notes will become due and payable immediately without further action or notice. If any other Event of Default occurs and is continuing, the Trustee or the Holders of not less than at least 25% in outstanding aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderimmediately. Holders of Notes may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require is not obligated to exercise any of its rights or powers under the Indenture (including directing any Security Agent to enforce any of the Security Documents) at the request of any Holder of Notes unless the Trustee has received indemnity satisfactory to it before it enforces the it. The Indenture or the Notes. Subject permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may to direct the Trustee in its exercise of any trust or power. The Except in the case of a Default in payment of principal of or interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any), the Trustee may withhold from Holders the notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding the notice is in their best intereststhe interests of the Holders of the Notes. The enforcement of the Note Guarantees may only be undertaken by the Trustee (of its own volition or at the direction of Holders representing 25% in aggregate principal amount of the outstanding Notes).

Appears in 2 contracts

Samples: Indenture (UTAC Holdings Ltd.), Supplemental Indenture (UTAC Holdings Ltd.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(d) or (8) e) of the Senior Indenture with respect to the Company) occurs and is continuing, then the Trustee or the Holders holders of not less than 25% in aggregate principal amount of the outstanding Notes may, or the Trustee may, by written notice to the Trustee and the Company, and the Trustee upon at the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallwill, declare all the principal of and of, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(d) or (8) occurs e) of the Senior Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount Principal of and accrued interest on, on all of the Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders of the Notes may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities of all series issued under the Indenture that are affected may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines in good faith that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 2 contracts

Samples: Aes Corp, Sixteenth Supplemental Indenture (Aes Corp)

Defaults and Remedies. The Events of Default relating to the Notes are set forth defined in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default as specified in Section 6.01(76.01(a)(8) or (8) 6.01(a)(9) of the Indenture with respect to the Company) occurs shall occur and is continuingbe continuing with respect to the Indenture, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all unpaid principal of of, premium, if any, and accrued interest on all Notes to be immediately due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the holders of the Notes) and upon any such amounts declaration, such principal, premium, if any, and interest shall become immediately due and payablepayable immediately. If Notwithstanding the foregoing, in the case of an Event of Default as specified in Section 6.01(76.01(a)(8) or (8) occurs 6.01(a)(9), with respect to Company occurs and is continuing, then all the Company, Notes shall become due and payable immediately in an amount equal to the principal amount of the Notes, together with accrued and interest onunpaid interest, all if any, to the date the Notes shall ipso facto become and be immediately due and payable payable, without any declaration or other act on the part of the Trustee or any Holderholder. Holders may not enforce the Indenture Indenture, the Notes or the Notes Note Guarantees except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may will have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee in its exercise of or exercising any trust or powerpower conferred on it. The Trustee may withhold from Holders of the Notes notice of any continuing default Default (except a default in Default relating to the payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it and so long as a committee of its Responsible Officers in good faith determines that withholding notice is in their best interestsinterest. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, on behalf of the Holders of all of the Notes waive, rescind or cancel any existing Default or Event of Default and its consequences under the Indenture if such waiver, rescission or cancellation would not conflict with any judgment or decree, except a continuing Default or Event of Default in the payment of the principal of, premium on, if any, or interest, if any on the Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. The Company is required to deliver to the Trustee annually a statement regarding compliance with the Indenture, and the Company is required within ten (10) Business Days after becoming aware of any Default, to deliver to the Trustee a statement specifying such Default and any actions being taken by the Company and the Guarantors with respect thereto.

Appears in 1 contract

Samples: Indenture (Cogent Communications Group Inc)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (g) or (8) h) of Section 6.01 with respect to the Companyany issuer or any Guarantor) occurs and is continuing, the Table of Contents Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuer, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payablepayable and the sole remedy for the first 180 days after an Event of Default relating to the failure to comply with the reporting obligations pursuant to Section 4.02 of the Indenture shall consist solely of the right to receive additional interest in the amount of 0.50% per annum. If an Event of Default specified in Section 6.01(7clause (g) or (8) h) of Section 6.01 occurs with respect to the CompanyIssuer or any Subsidiary Guarantor, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuer under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Amsurg Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(vii) or (8) viii) of the Indenture (with respect to the Company)) occurs and is continuing, the Trustee or then the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities shall, declare all the principal of of, premium, if any, and accrued interest on all Notes of the Securities to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(a)(vii) or (8) occurs viii) of the Indenture (with respect to the Company) occurs and is continuing, the principal amount of of, premium, if any, and interest on, on all Notes of the Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes Securities except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture Indenture, the Guarantee, the Security Documents or the NotesSecurities. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Credit Agreement (Republic Engineered Steels Inc)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(d) or (8) e) of the Indenture with respect to the Company) occurs and is continuing, then the Trustee or the Holders holders of not less than 25% in aggregate principal amount of the outstanding Series E Senior Notes may, by written notice to or the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all the principal of and of, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(d) or (8) occurs e) of the Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount of and accrued interest on, on all of the Series E Senior Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders of the Series E Senior Notes may not enforce the Indenture or the Series E Senior Notes except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the Series E Senior Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Series E Senior Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Series E Senior Notes notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under failure to comply with Article Five 5 of the Indenture) if it determines in good faith that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

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Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default specified in clause (7) or (8) of Section 6.01 with respect to the Company or any Guarantor occurs, all outstanding Notes shall become due and payable without any further action or notice. If an Event of Default specified in clause (1) or (2) of Section 6.01 occurs, the Trustee or the Holders of at least 25% in aggregate principal amount then outstanding Notes, by written notice to the Company and the Trustee, may declare all amounts owing under the Notes to be due and payable. If any other Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 with respect to the CompanyCompany or any Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Affiliate Investment, Inc.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default with respect to the Notes (other than an Event of Default specified described in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all Notes to be immediately due and payable the principal of the Notes and such amounts shall become immediately any accrued interest on the Notes to be due and payablepayable immediately. If an Event of Default specified described in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture occurs with respect to the Company, the principal amount of and any accrued interest on, all on the Notes then outstanding shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce The Trustee shall be under no obligation to exercise any of its rights or powers under the Indenture at the request or direction of any of the Notes except as provided in Holders, unless such Holders have offered to the Indenture. The Trustee may require security and indemnity satisfactory to it before it enforces the Indenture or Trustee. Except in the Notes. Subject to certain limitations, Holders case of a majority in principal amount Default or Event of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default Default in payment of principalthe principal of, premium, if any, or interest on any Note (including payments pursuant to a redemption or repurchase of the Notes or a default in pursuant to the observance or performance of any of the obligations of the Company under Article Five provisions of the Indenture) ), the Trustee may withhold the notice if it and so long as the board of directors, the executive committee or a trust committee of its directors and/or Responsible Officers in good faith determines that withholding the notice is in their best intereststhe interests of Holders.

Appears in 1 contract

Samples: Supplemental Indenture (Valassis Communications Inc)

Defaults and Remedies. This Senior Note has the Events of Default are as set forth in Section 4.1 of the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the outstanding Notes maySenior Notes, by written notice subject to the Trustee and the Companycertain limitations, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Senior Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event Certain events of bankruptcy or insolvency are Events of Default specified and shall result in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Senior Notes shall ipso facto become and be immediately being due and payable without any declaration or other act on immediately upon the part occurrence of the Trustee or any Holdersuch Events of Default. Holders may not enforce the Indenture or the Senior Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory refuse to it before it enforces enforce the Indenture or the NotesSenior Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Senior Notes may direct the Trustee in its exercise of any trust or power. The Holders of a majority in principal amount of the Senior Notes then outstanding by written notice to the Trustee may rescind a declaration of acceleration if the rescission is prior to a judgment or decree for payment and if all Events of Default have been cured or waived except nonpayment of principal and interest that has been due solely because of the acceleration. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best intereststhe interest of the Holders. The above description of Events of Default and remedies is qualified by reference, and subject in its entirety, to the more complete description thereof contained in the Indenture.

Appears in 1 contract

Samples: Indenture (Aflac Inc)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.01(f) or (8) g) of the Indenture with respect to the Company) occurs and is continuing, then either the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice (voting as a single class) (or in the case of an Event of Default specified in Section 6.01(a) or (b) of the Indenture with respect to the Trustee and the CompanyNotes due 2015, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal Principal amount of the outstanding Notes due 2015) may, or the Trustee at the request of such Holders shall, declare all principal of and the Principal of, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(f) or (8) occurs g) of the Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount of and accrued interest on, on all of the Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders of Notes due 2015 may not enforce the Indenture or the Notes due 2015 except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the NotesNotes due 2015. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes (or in the case of an Event of Default specified in Section 6.01(a) or (b) of the Indenture with respect to the Notes due 2015, the Holders of at least a majority in principal amount of the Notes due 2015) may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Notes due 2015 notice of any continuing default (except a default in payment of principal, premium, if any, Principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under failure to comply with Article Five 5 of the Indenture) if it determines in good faith that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Aes Corporation)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.01(vii) or (8) 6.01(viii) of the Indenture with respect to the CompanyIssuer, Parent or Intermediate Holdco) occurs and is continuing, the Trustee or the registered Holders of not less than 25% in aggregate of the principal amount of the outstanding Notes then outstanding, may, by written notice to the Trustee and the Company, and the Trustee upon at the written request of the such Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all due and payable, if not already and payable, the principal of and any accrued and unpaid interest on all of the Notes by notice in writing to be the Issuer, Parent or Intermediate Holdco and Trustee specifying the applicable Event of Default and that it is a “notice of acceleration”, and the same shall immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(76.01(vii) or (8) and 6.01(viii) of the Indenture occurs with respect to the CompanyIssuer, Parent or Intermediate Holdco then the principal amount of and any accrued and unpaid interest on, on all of the Notes shall ipso facto immediately become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity indemnification satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if anyprincipal of, or interest on on, the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the IndentureNotes) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Spansion Inc.)

Defaults and Remedies. Events of Default are set forth in the --------------------- Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(ix) or (8) x) of the Indenture with respect to the Company) occurs and is continuing, the Trustee or then the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities shall, declare all principal the Default Amount of and any accrued interest on all Notes of the Securities to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(a)(ix) or (8) x) of the Indenture occurs with respect to the Company, the principal amount of and interest on, all Notes Default Amount shall ipso facto become and be immediately due and payable ---------- without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture Indenture, the Securities or the Notes any Guarantee except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces en- forces the Indenture Indenture, the Securities or the Notesany Guarantee. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principalthe Default Amount, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Oci N Corp

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(f) or (8) g) of the Indenture with respect to the Company) occurs and is continuing, then the Trustee or the Holders holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities may, by written notice to or the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all the principal of and of, premium, if any, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(f) or (8) occurs g) of the Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount of, premium, if any, and accrued interest on all of and interest on, all Notes the Securities shall ipso facto become and be immediately due and payable subject to the prior payment in full of Senior Debt without any declaration or other act on the part of the Trustee or any Holder. Holders Securityholders may not enforce the Indenture or the Notes Securities except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the NotesSecurities. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders Securityholders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under failure to comply with Article Five V of the Indenture) if it determines that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Aes Corporation

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.01(6) or (8) 7) of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and (i) such amounts shall become immediately due and payablepayable or (ii) if there are any amounts outstanding under or in respect of the Senior Credit Facility, such amounts shall become due and payable upon the first to occur of an acceleration of amounts outstanding under or in respect of the Senior Credit Facility or five Business Days after receipt by the Company and the representative of the holders of Indebtedness under or in respect of the Senior Credit Facility, of notice of the acceleration of the Notes. If an Event of Default specified in Section 6.01(76.01(6) or (8) 7) of the Indenture occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.of

Appears in 1 contract

Samples: Ski Lifts Inc

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default specified in clause (7) or (8) of Section 6.01 with respect to the Company or any Guarantor occurs, all outstanding Notes shall become due and payable without any further action or notice. If an Event of Default specified in clause (1) or (2) of Section 6.01 as to the 2025 Notes occurs, the Trustee or the Holders of at least 25% in aggregate principal amount then outstanding 2025 Notes, by written notice to the Company and the Trustee, may declare all amounts owing under the 2025 Notes to be due and payable. If any other Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 with respect to the CompanyCompany or any Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (ER Marks, Inc.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 5.01(a) of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes mayNotes, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all Notes to be immediately due and payable the entire principal amount of all the Notes then outstanding plus accrued and such amounts unpaid interest to the date of acceleration and the same shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 5.01(a) of the Indenture occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto IPSO FACTO become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Norske Skog Canada LTD)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 5.01 (a) of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the then outstanding Notes mayNotes, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all Notes to be immediately due and payable the entire principal amount of all the Notes then outstanding plus accrued and such amounts unpaid interest to the date of acceleration and the same shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 5.01(a) of the Indenture occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold with hold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Norske Skog Canada LTD)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indentureimmediately following paragraph, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) Indenture occurs and is continuing, the Trustee Trustee, by delivering a written notice to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the outstanding Notes maythen outstanding, by delivering a written notice to the Trustee Company and the CompanyTrustee, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect by delivering notice to the Company. In addition, certain specified Events of Default will cause the principal amount of and interest on, all Notes shall ipso facto to become and be immediately due and payable without any declaration or other act on the part of the Trustee or Holders taking any Holderaction. If the Company so elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with the reporting obligations under Section 4.02 of the Supplemental Indenture will consist exclusively of the right to receive Additional Interest on the principal amount of the Notes as specified in Section 6.04(a) of the Supplemental Indenture. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory refuse to it before it enforces enforce the Indenture or the NotesNotes unless it receives indemnity or security satisfactory to it. Subject to certain limitations, Holders of a majority in of the principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power, subject to certain limitations set forth in the Indenture. The Subject to certain exceptions, the Trustee may withhold from Holders notice of any continuing default (except a default in payment Event of principal, premium, if any, Default or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) Default if it determines that withholding notice is in their best interestsinterest.

Appears in 1 contract

Samples: First Supplemental Indenture (Par Technology Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indentureimmediately following paragraph, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) Indenture occurs and is continuing, the Trustee Trustee, by delivering a written notice to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the outstanding Notes maythen outstanding, by delivering a written notice to the Trustee Company and the CompanyTrustee, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect by delivering notice to the Company. In addition, certain specified Events of Default will cause the principal amount of and interest on, all Notes shall ipso facto to become and be immediately due and payable without any declaration or other act on the part of the Trustee or Holders taking any Holderaction. If the Company so elects, the sole remedy for an Event of Default relating to the Company’s failure to comply with the reporting obligations under Section 4.03 of the Indenture will for the first 180 days after the occurrence of such Event of Default, beginning on, and including, the date of which such an Event of Default first occurs, consist exclusively of the right to receive an Extension Fee on the principal amount of the Notes then outstanding. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory refuse to it before it enforces enforce the Indenture or the NotesNotes unless it receives indemnity or security satisfactory to it. Subject to certain limitations, Holders of a majority in of the principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power, subject to certain limitations set forth in the Indenture. The Subject to certain exceptions, the Trustee may withhold from Holders notice of any continuing default (except a default in payment Event of principal, premium, if any, Default or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) Default if it determines that withholding notice is in their best interestsinterest.

Appears in 1 contract

Samples: Indenture (GAIN Capital Holdings, Inc.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default specified in clause (7) or (8) of Section 6.01 with respect to the Company or any Guarantor occurs, all outstanding Notes shall become due and payable without any further action or notice. If an Event of Default specified in clause (1) or (2) of Section 6.01 as to the 2023 Notes occurs, the Trustee or the Holders of at least 25% in aggregate principal amount then outstanding 2023 Notes, by written notice to the Company and the Trustee, may declare all amounts owing under the 2023 Notes to be due and payable. If any other Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 with respect to the CompanyCompany or any Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (QVC Inc)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(vii) or (8) viii) of the Indenture with respect to the Company) occurs and is continuing, then the Trustee or the Holders holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities may, by written notice to or the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all the principal of and of, premium, if any, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(a)(vii) or (8) occurs viii) of the Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount of, premium, if any, and accrued interest on all of and interest on, all Notes the Securities shall ipso facto become and be immediately due and payable without any ---- ----- declaration or other act on the part of the Trustee or any Holder. Holders Securityholders may not enforce the Indenture or the Notes Securities except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the NotesSecurities. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders Securityholders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under failure to comply with Article Five V of the Indenture) if it determines that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Navistar International Corp /De/New

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default with respect to the Notes (other than an Event of Default specified described in Section 6.01(7) clause (8) or (8) 9) of Section 6.01 of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to may declare the Trustee and the Company, and the Trustee upon the request principal of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and any accrued interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified described in Section 6.01(7) clause (8) or (8) 9) of Section 6.01 of the Indenture occurs with respect to the Company, the principal amount of and any accrued interest on, all on the Notes then outstanding shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce The Trustee shall be under no obligation to exercise any of its rights or powers under the Indenture at the request or direction of any of the Notes except as provided in Holders, unless such Holders have offered to the Indenture. The Trustee may require security and indemnity satisfactory to it before it enforces the Indenture or Trustee. Except in the Notes. Subject to certain limitations, Holders case of a majority in principal amount Default or Event of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default Default in payment of principalthe principal of, premium, if any, or interest on any Note (including payments pursuant to a redemption or repurchase of the Notes or a default in pursuant to the observance or performance of any of the obligations of the Company under Article Five provisions of the Indenture) ), the Trustee may withhold the notice if it and so long as the board of directors, the executive committee or a trust committee of its directors and/or Responsible Officers in good faith determines that withholding the notice is in their best intereststhe interests of Holders.

Appears in 1 contract

Samples: Indenture (Alliance Data Systems Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default occurs (other than an Event of Default specified in Section 6.01(7relating to certain events of bankruptcy, insolvency or reorganization) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the outstanding Outstanding Notes may, by written notice to may declare the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued but unpaid interest on all the Notes to be immediately due and payable and such amounts shall become immediately due and payable, except as provided in the Indenture (including special provisions for an Event of Default relating to the failure of the Company to comply with its agreements in respect of periodic reporting as set forth in Section 6.10 of the First Supplemental Indenture). If an Event of Default specified in Section 6.01(7) relating to certain events of bankruptcy, insolvency or (8) occurs with respect to the Companyreorganization occurs, the principal amount of and interest on, on all the Notes shall ipso facto will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HolderNoteholders. Under certain circumstances, the Holders of a majority in aggregate principal amount of the Outstanding Notes may not enforce rescind and annul such declaration with respect to the Notes and its consequences. No reference herein to the Indenture and no provision of this Note or of the Notes except Indenture shall impair, as among the Company and the Holders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay the principal of and interest on this Note at the place, at the respective times, at the rate and in the coin or currency herein and in the Indenture prescribed or to convert the Note as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Evergreen Solar Inc)

Defaults and Remedies. The Events of Default relating to the Notes are set forth defined in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an If any Event of Default (other than an Event of Default as specified in Section 6.01(7) or (8) 6.01(8) of the Indenture with respect to an Issuer) shall occur and be continuing with respect to the Company) occurs and is continuingIndenture, the Trustee or the Holders of not less than 25% in aggregate principal amount of the Notes then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon at the request of the such Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all unpaid principal of of, premium, if any, and accrued interest on all Notes to be immediately due and payable immediately, by a notice in writing to the Issuers (and to the Trustee if given by the holders of the Notes) and upon any such amounts declaration, such principal, premium, if any, and interest shall become immediately due and payablepayable immediately. If Notwithstanding the foregoing, in the case of an Event of Default as specified in Section 6.01(7) or (8) occurs 6.01(8), with respect to an Issuer occurs and is continuing, then all the Company, Notes shall automatically become and be due and payable immediately in an amount equal to the principal amount of the Notes, together with accrued and interest onunpaid interest, all if any, to the date the Notes shall ipso facto become and be immediately due and payable payable, without any declaration or other act on the part of the Trustee or any Holderholder. Holders may not enforce the Indenture Indenture, the Notes or the Notes Guarantees except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.or

Appears in 1 contract

Samples: Intercreditor Agreement (Tops PT, LLC)

Defaults and Remedies. The Notes shall have the Events of Default are as set forth in Section 6.01 of the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee by notice to the Company or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes mayby notice to the Company and the Trustee may declare all the Notes to be due and payable immediately, except that in the case of an Event of Default arising from certain events of bankruptcy or insolvency, all unpaid principal and interest accrued on the Notes shall become due and payable immediately without further action or notice. The Holders of a majority in principal amount of the Notes then outstanding by written notice to the Trustee may rescind an acceleration and its consequences if the Company, rescission would not conflict with any judgment or decree and the Trustee upon the request if B-8 207 all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderacceleration. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes issued under the Indenture may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice Company must furnish annually compliance certificates to the Trustee. The above description of any continuing default (except a default Events of Default and remedies is qualified by reference, and subject in payment of principalits entirety, premium, if any, or interest on to the Notes or a default more complete description thereof contained in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Bridge Loan Agreement (NTL Inc /De/)

Defaults and Remedies. Events of Default are shall be as set forth in Article VI of the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default specified in Section 6.01(7Sections 6.1(v) or (8) vi) in the Indenture with respect to the CompanyIssuer) occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee Issuer (and the CompanyTrustee, if given by the Holders) may declare the principal of, premium, if any, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued but unpaid interest on all the Notes to be immediately due and payable. Upon such a declaration, such principal and interest shall be due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(7arising from Sections 6.1(v) or (8) occurs vi) with respect to the CompanyIssuer occurs, the principal amount of of, premium, if any, and interest on, on all the Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any HolderHolders. Under certain circumstances, the Holders of a majority in principal amount of outstanding Notes may rescind any such acceleration with respect to the Notes and its consequences. Holders may not enforce the Indenture Indenture, the Notes, the Intercreditor Agreement or the Notes Security Documents except as provided in the Indenture. The Trustee may require indemnity satisfactory refuse to it before it enforces enforce the Indenture or the NotesNotes unless each receives indemnity or security reasonably satisfactory to the Trustee. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default Default or Event of Default (except a default Default or Event of Default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interestsinterest.

Appears in 1 contract

Samples: Indenture (Zekelman Industries, Inc.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(viii) or (8) ix) of the Inden- ture with respect to the Company) occurs and is continuing, then the Trustee or the Holders holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities may, by written notice to or the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all the principal of and of, premium, if any, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(a)(viii) or (8) occurs ix) of the Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount of, premium, if any, and accrued interest on all of and interest on, all Notes the Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders Securityholders may not enforce the Indenture or the Notes Securities except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the NotesSecurities. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders Securityholders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under failure to comply with Article Five V of the Indenture) if it determines that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Navistar Financial Corp

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.01(a)(viii) or (8) with respect to 6.01(a)(ix) of the CompanyIndenture) occurs and is continuing, then the Trustee by notice to the Company or the Holders of not less than 25% in aggregate principal amount of the outstanding First Mortgage Notes may, by written notice to the Trustee and the Company, Company and the Trustee upon may declare the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all of the First Mortgage Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.01(a)(viii) or (8) 6.01(a)(ix) of the Indenture occurs with respect to the Companyand is continuing, the principal amount of and interest on, on all of the First Mortgage Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the First Mortgage Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the First Mortgage Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding First Mortgage Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests. The Company must furnish compliance certificates to the Trustee.

Appears in 1 contract

Samples: Ameristeel Corp

Defaults and Remedies. Events The Indenture provides that the --------------------- Trustee will give the Debentureholders notice of an uncured Default are set forth in known to it, within 90 days after the Indenture. Subject to certain limitations in the Indenture, if occurrence of an Event of Default (other than as defined in the Indenture), or as soon as practicable after it learns of an Event of Default specified which occurred more than 90 days beforehand; provided that, except in Section 6.01(7) the case of Default in the payment of principal of or (8) with respect to interest on any of the Company) Debentures or any amount due on redemption, the Trustee may withhold such notice if it in good faith determines that the withholding of such notice is in the interest of the Debentureholders. In case an Event of Default occurs and is continuing, the Trustee or the Holders holders of not less than 25% in of aggregate principal amount of the outstanding Notes mayDebentures then outstanding, by written notice in writing to the Company (and to the Trustee and if given by the CompanyDebentureholders), and may declare the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and all accrued interest on all Notes the Debentures to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and Such declaration may be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders rescinded by holders of a majority in principal amount of the then outstanding Notes may direct Debentures if all existing Events of Default (except nonpayment of principal or interest that has become due solely because of the acceleration) have been cured or waived and if the rescission would not conflict with any judgment or decree. The Indenture requires the Company to file periodic reports with the Trustee in its exercise as to the absence of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interestsdefaults.

Appears in 1 contract

Samples: Indenture (Intervest Corporation of New York)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.01(6) or (8) 7) of the Indenture with respect to the Company) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and (i) such amounts shall become immediately due and payablepayable or (ii) if there are any amounts outstanding under or in respect of the Amended Credit Agreement, such amounts shall become due and payable upon the first to occur of an acceleration of amounts outstanding under or in respect of the Amended Credit Agreement or five Business Days after receipt by the Company and the representative of the holders of Indebtedness under or in respect of the Amended Credit Agreement, of notice of the acceleration of the Notes. If an Event of Default specified in Section 6.01(76.01(6) or (8) 7) of the Indenture occurs with respect to the Company, the principal amount of and interest inter- 124 est on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests. The Company and each Guarantor must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Covenants (Hayes Wheels International Inc)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) of the Indenture with respect to the Companyeither Issuer) occurs and is continuing, then, and in each and every such case, either the Trustee Trustee, by notice in writing to the Issuers, or the Holders of not less than 25% in aggregate of the principal amount of the outstanding Notes maythen outstanding, by written notice in writing to the Trustee Issuers and the CompanyTrustee, may declare due and payable, if not already due and payable, the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and any accrued and unpaid interest on all of the Notes; and upon any such declaration all such amounts upon such Notes to shall become and be immediately due and payable and such amounts shall become immediately due and payable, anything in this Indenture or in the Notes to the contrary notwithstanding. If an Event of Default specified in Section 6.01(7) or (8) of the Indenture occurs with respect to the Companyeither Issuer, then the principal amount of and any accrued and unpaid interest on, on all of the Notes shall ipso facto immediately become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuers under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Pca International Inc)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(f) or (8) g) of the Indenture with respect to the Company) occurs and is continuing, then the Trustee holders of not less than 25% in aggregate principal amount of the outstanding Securities (or in the case of an Event of Default specified in Section 6.1 (a) or (b) of the Indenture, the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Series so affected) may, by written notice to or the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all the principal of and of, premium, if any, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(f) or (8) occurs g) of the Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount of, premium, if any, and accrued interest on all of and interest on, all Notes the Securities shall ipso facto become and be immediately due and payable subject to the prior payment in full of Senior Debt without any declaration or other act on the part of the Trustee or any Holder. Holders Securityholders may not enforce the Indenture or the Notes Securities except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the NotesSecurities. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders Securityholders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under failure to comply with Article Five V of the Indenture) if it determines that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Aes Corporation

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default specified in clause (7) or (8) of Section 6.01 with respect to the Company or any Guarantor occurs, all outstanding Notes shall become due and payable without any further action or notice. If an Event of Default specified in clause (1) or (2) of Section 6.01 occurs, the Trustee or the Holders of at least 25% in aggregate principal amount then outstanding Notes, by written notice to the Company and the Trustee, may declare all amounts owing under the Notes to be due and payable. If any other Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 with respect to the Company) Company or any Guarantor), occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Affiliate Investment, Inc.)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(d) or (8) e) of the Indenture with respect to the Company) occurs and is continuing, then the Trustee or the Holders holders of not less than 25% in aggregate principal amount of the outstanding Series A Senior Notes may, by written notice to or the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all the principal of and of, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(d) or (8) occurs e) of the Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount of and accrued interest on, on all of the Series A Senior Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders of the Series A Senior Notes may not enforce the Indenture or the Series A Senior Notes except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the Series A Senior Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Series A Senior Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Series A Senior Notes notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under failure to comply with Article Five 5 of the Indenture) if it determines in good faith that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) of the Indenture with respect to the CompanyIssuers, the General Partner or any Significant Subsidiary) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuers, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) of the Indenture occurs with respect to the CompanyIssuers, the General Partner or any Significant Subsidiary, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests. The Issuers must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: James Cable Finance Corp

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(viii) or (8) ix) of the Indenture with respect to the Company) occurs and is continuing, the Trustee or then the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities shall, declare all principal the Default Amount of and any accrued interest on all Notes of the Securities to be immediately due and payable and such amounts shall become immediately due and payableas provided in the Indenture. If an Event of Default specified in Section 6.01(76.1(a)(viii) or (8) ix) of the Indenture occurs with respect to the Company, the principal amount of and interest on, all Notes Default Amount shall ipso facto become and be immediately due and immediately payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture Indenture, the Securities or the Notes any Guarantee except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture Indenture, the Securities or the Notesany Guarantee. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principalthe Default Amount, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Lamar Advertising Co)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(viii) or (8) with respect to ix) of the CompanyIndenture) occurs and is continuing, the Trustee or then the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all the principal of and accrued interest on all of the Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(a)(viii) or (8) ix) of the Indenture occurs with respect to the Companyand is continuing, the principal amount of of, and premium, if any, and interest on, on all of the Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it it, in its sole discretion, before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests. The Issuers must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Indenture (Aoa Capital Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 6.01 of the Indenture with respect to the Companyan Issuer) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (6) or (8) 7) of Section 6.01 of the Indenture occurs and is continuing with respect to the Companyan Issuer, the principal amount of of, and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require reasonable indemnity and security satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five Section 5.01 of the Indenture) if it determines that withholding notice is in their best interestsnot opposed to the interest of the Holders.

Appears in 1 contract

Samples: Indenture (Trilogy International Partners Inc.)

Defaults and Remedies. Events An Event of Default are set forth includes in summary form: default for 30 days in payment of interest on the Senior Notes; default in payment of principal of or premium if any, on the Senior Notes; failure by the Company for 60 days after notice to it to comply with any of its other agreements in the IndentureIndenture or the Senior Notes; certain defaults under and accelerations prior to maturity of certain indebtedness; certain final judgments which remain undischarged; and certain events of bankruptcy or insolvency. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders holders of not less than at least 25% in aggregate principal amount of the then outstanding Senior Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Senior Notes to be immediately due and payable and such amounts shall become immediately due and payable. If immediately, except that in the case of an Event of Default specified in Section 6.01(7) arising from certain events of bankruptcy or (8) occurs with respect to the Company, the principal amount of and interest oninsolvency, all outstanding Senior Notes shall ipso facto become and be immediately due and payable without any declaration further action or other act on the part of the Trustee or any Holdernotice. Holders may not enforce the Indenture or the Senior Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Senior Notes. Subject to certain limitations, Holders holders of a majority in principal amount of the then outstanding Senior Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders holders notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests. The Company must furnish quarterly compliance certificates to the Trustee.

Appears in 1 contract

Samples: Indenture (Telemundo Group Inc)

Defaults and Remedies. Events of Default are set forth specified in the Indenture. Subject to certain limitations in In the Indenture, if case of an Event of Default (other than an Event arising from certain events of Default specified in Section 6.01(7) bankruptcy, insolvency or (8) reorganization, with respect to the Company) , all outstanding notes will become due and payable immediately without further action or notice. If any other Event of Default occurs and is continuing, the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Notes may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, notes may declare all principal of and accrued interest on all Notes the notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holderimmediately. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment Default or Event of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any Default from Holders of the obligations of the Company under Article Five of the Indenture) notes if it determines that withholding notice is in their best interestsinterest, except a Default or Event of Default relating to the payment of principal of, or interest, premium or Additional Interest, if any, on, the notes. The Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, on behalf of all of the Holders, rescind an acceleration and its consequences, if the rescission would not conflict with any judgment or decree and if all existing Events of Default (except nonpayment of principal, interest or premium or Additional Interest, if any, that has become due solely because of the acceleration) have been cured or waived.

Appears in 1 contract

Samples: Indenture (Windstar Energy, LLC)

Defaults and Remedies. This Note has the Events of Default are as set forth in Section 4.1 of the Indenture. Subject to certain limitations in the Indenture, if If an Event of Default (other than an Event of Default specified in Section 6.01(7) or (8) with respect to the Company) occurs and is continuing, the Trustee or the Holders holders of not less than at least 25% in aggregate principal amount of the outstanding Notes maySenior Notes, by written notice subject to the Trustee and the Companycertain limitations, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, may declare all principal of and accrued interest on all the Senior Notes to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event Certain events of bankruptcy or insolvency are Events of Default specified and shall result in Section 6.01(7) or (8) occurs with respect to the Company, the principal amount of and interest on, all Senior Notes shall ipso facto become and be immediately being due and payable without any declaration or other act on immediately upon the part occurrence of the Trustee or any Holdersuch Events of Default. Holders of Senior Notes may not enforce the Indenture or the Senior Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory refuse to it before it enforces enforce the Indenture or the NotesSenior Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders holders of a majority in principal amount of the then outstanding Senior Notes may direct the Trustee in its exercise of any trust or power. The holders of a majority in principal amount of the Senior Notes then outstanding by written notice to the Trustee may rescind a declaration of acceleration if the rescission is prior to a judgment or decree for payment and if all Events of Default have been cured or waived except nonpayment of principal and interest that has been due solely because of the acceleration. The Trustee may withhold from Holders holders of Senior Notes notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests.that

Appears in 1 contract

Samples: Indenture (Markel Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (g) or (8) h) of Section 6.01 with respect to the Companyany issuer or any Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Notes may, by written notice to the Trustee and the CompanyIssuer, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shall, declare all principal of and accrued interest on all Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (g) or (8) h) of Section 6.01 occurs with respect to the CompanyIssuer or any Subsidiary Guarantor, the principal amount of and interest on, all Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company Issuer under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Indenture (Amsurg Corp)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture with respect to the Company) occurs and is continuing, the Trustee Trustee, by written notice to the Issuer, or the Holders of not less than 25% in aggregate principal amount of the outstanding aggregate Accreted Value of the Discount Notes maythen outstanding, by written notice to the Trustee Issuer and the CompanyTrustee, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all principal of and accrued interest on all Discount Notes to be immediately due and payable and such amounts shall become immediately due and payable. If an Event of Default specified in Section 6.01(7clause (7) or (8) of Section 6.01 of the Indenture occurs with respect to the Company, the principal amount Accreted Value of and interest on, all Discount Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Discount Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Discount Notes. Subject to certain limitations, Holders of a majority in principal amount aggregate Accreted Value of the Discount Notes then outstanding Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indenture) if it determines that withholding notice is in their best interests.

Appears in 1 contract

Samples: Idleaire Technologies Corp

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(a)(vii) or (8) viii) of the Indenture (with respect to the Company)) occurs and is continuing, the Trustee or then the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities may, by written notice to the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes Securities shall, declare all the principal of of, premium, if any, and accrued interest on all Notes of the Securities to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(a)(vii) or (8) occurs viii) of the Indenture (with respect to the Company) occurs and is continuing, the principal amount of of, premium, if any, and interest on, on all Notes of the Securities shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders may not enforce the Indenture or the Notes Securities except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture Indenture, the Guarantees, the Security Documents or the NotesSecurities. Subject to certain limitations, Holders of a majority in aggregate principal amount of the then outstanding Notes Securities may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders notice of any continuing default (except a default in payment of principal, premium, if any, or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under Article Five of the Indentureinterest) if it determines that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Credit Agreement (Republic Engineered Steels Inc)

Defaults and Remedies. Events of Default are set forth in the Indenture. Subject to certain limitations in the Indenture, if an Event of Default (other than an Event of Default specified in Section 6.01(76.1(d) or (8) e) of the Indenture with respect to the Company) occurs and is continuing, then the Trustee or the Holders holders of not less than 25% in aggregate principal amount of the outstanding Series B Senior Notes may, by written notice to or the Trustee and the Company, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the outstanding Notes shallmay, declare all the principal of and of, plus accrued interest on all Notes interest, if any, to be immediately due and payable and such amounts shall become immediately due and payableimmediately. If an Event of Default specified in Section 6.01(76.1(d) or (8) occurs e) of the Indenture with respect to the CompanyCompany occurs and is continuing, the principal amount of and accrued interest on, on all of the Series B Senior Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holders of the Series B Senior Notes may not enforce the Indenture or the Series B Senior Notes except as provided in the Indenture. The Trustee may require indemnity reasonably satisfactory to it before it enforces the Indenture or the Series B Senior Notes. Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Series B Senior Notes may direct the Trustee in its exercise of any trust or power. The Trustee may withhold from Holders of the Series B Senior Notes notice of any continuing default (except a default in payment of principal, premium, if any, principal or interest on the Notes or a default in the observance or performance of any of the obligations of the Company under failure to comply with Article Five 5 of the Indenture) if it determines in good faith that withholding notice is in their best interests. The Company must furnish an annual compliance certificate to the Trustee.

Appears in 1 contract

Samples: Aes Corporation

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