Common use of Events of Default; Waiver Clause in Contracts

Events of Default; Waiver. (a) Subject to Section 2.06(b), Holders may, by vote of at least a Majority in liquidation amount of the Preferred Securities, (A) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, or (B) on behalf of the Holders of all Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

Appears in 15 contracts

Samples: Guarantee Agreement (Fund American Co Inc/New), Guarantee Agreement (Ubs Americas Inc), Guarantee Agreement (Fund American Co Inc/New)

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Events of Default; Waiver. (a) Subject to Section 2.06(b2.6(b), Holders may, of Preferred Securities may by vote of at least a Majority in liquidation amount of the Preferred Securities, (A) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon by the Guarantee Trustee, Trustee or (B) on behalf of the Holders of all Preferred Securities, Securities waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

Appears in 13 contracts

Samples: Form of Guarantee Agreement (Odyssey Re Holdings Corp), Guarantee Agreement (Sunamerica Capital Trust Iv), Form of Guarantee Agreement (Delphi Trust I)

Events of Default; Waiver. (a) Subject to Section 2.06(b2.6(b), Holders may, of Preferred Securities may by vote of at least a Majority in liquidation amount of the Preferred Securities, (A) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, Trustee or (B) on behalf of the Holders of all Preferred Securities, Securities waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

Appears in 4 contracts

Samples: Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Eq Capital Trust Iv)

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Events of Default; Waiver. (a) Subject to Section 2.06(b), Holders may, may by vote of at least a Majority in aggregate liquidation amount of the Preferred Securities, (Ai) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, Trustee or (Bii) on behalf of all of the Holders of all Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Guarantee Agreement (Time Warner Inc)

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