Waiver of Defaults and Events of Default. Subject to Section 8.7, the Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequences, except a default in the payment of the principal of (or premium, if any) or interest on any Security as specified in clauses (1) and (2) of Section 8.1, or a default in respect of a covenant or provision hereof which cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected thereby. When a default or Event of Default is waived, it is cured and ceases.
Appears in 5 contracts
Samples: Indenture (Waste Connections Inc/De), Indenture (Nco Group Inc), Indenture (Manugistics Group Inc)
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.7 and 11.2, the Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequencesconsequence, except a default or Event of Default in the payment of the principal of (or premium, if any) or interest on any Security as specified in clauses (1) and (2) Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.2, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 5 contracts
Samples: Indenture (St Mary Land & Exploration Co), Indenture (Rf Micro Devices Inc), Rf Micro Devices Inc
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequences, except a default or Event of Default in the payment of the principal of (or of, premium, if any) , or interest on any Security as specified in clauses (1) and (2) Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.2, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 4 contracts
Samples: Indenture (Bell Microproducts Inc), Invision Technologies Inc, Bell Microproducts Inc
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequencesconsequence, except a default or Event of Default in the payment of the principal of (or of, premium, if any) , or interest on any Security as specified in clauses (1) and (2) Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.2, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 4 contracts
Samples: Indenture (Cephalon Inc), Symantec Corp, Emulex Corp /De/
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 7.06 and 10.02, the Holders of no less than a majority in aggregate principal amount of the Securities then outstanding Outstanding by written notice to the Trustee may waive an existing default any past Default or Event of Default and its consequences, except a default an uncured Default or Event of Default in the payment of the principal of (or premium, if any) or any accrued but unpaid interest on any Security as specified in clauses (1) and (2) of Section 8.1Security, or a default any Default or Event of Default in respect of a covenant or any provision hereof which of this Indenture which, under Section 10.02, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebythen Outstanding affected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.
Appears in 3 contracts
Samples: Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty), Indenture (Northstar Realty Finance Corp.)
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.7 and 11.2, the Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequencesconsequence, except a default or Event of Default in the payment of the principal of (or premium, if any) or interest on any Security as specified in clauses (1) and (2) or any default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.2, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Samples: Beyond Com Corp, Usinternetworking Inc
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 7.07 and 10.02, the Holders of no less than a majority in aggregate principal amount of the Securities then outstanding by written notice to the Trustee may waive an existing default any past Default or Event of Default and its consequences, except a default an uncured Default or Event of Default in the payment of the principal of (or premium, if any) or any accrued but unpaid interest on any Security as specified in clauses (1) and (2) of Section 8.1Security, or a default any Default or Event of Default in respect of a covenant or any provision hereof which of this Indenture which, under Section 10.02, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each outstanding Security affected therebyaffected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.
Appears in 2 contracts
Samples: Indenture (Northstar Realty), Registration Rights Agreement (Northstar Realty)
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.7 and 11.2, the Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default Default or Event of Default and its consequencesconsequence, except a default Default or Event of Default in the payment of the principal of (or premium, if any) or interest on any Security as specified in clauses (1) and (2) Security, a failure by the Company to convert any Securities into Common Stock or any Default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.2, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default Default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.7 and 11.2, the Holders of a majority in principal amount of the Securities then outstanding outstanding, by notice to the Trustee may waive an existing default or Event of Default and its consequencesconsequence, except a default or Event of Default in the payment of the principal of (or premium, if any) or interest on any Security as specified in clauses (1) and (2) Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.2, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: HNC Software Inc/De
Waiver of Defaults and Events of Default. Subject to Section 8.7, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may may, on behalf of all Holders, waive an existing default or Event of Default and its consequences, except a default in the payment of the principal of (or premium, if any) or interest (including Contingent Interest and Liquidated Damages, if any) on any Security as specified in clauses (1) and (2) of Section 8.1, or a default in respect of a covenant or provision hereof which cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected thereby. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Gencorp Inc
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequences, except a default or Event of Default in the payment of the principal of (or premium, if any) , or interest on any Security as specified in clauses (1) and (2) Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.2, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Cymer Inc
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.7 and 11.2, the Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequences, except a default or Event of Default in the payment of the principal of (or premium, if any) or interest on any Security as specified in clauses (1) and (2) or any default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.2, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected thereby(and except for any default in respect of the payment of any amount to the Trustee pursuant to Section 9.7, which shall not be waived without the consent of the Trustee). When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Registration Rights Agreement (Act Manufacturing Inc)
Waiver of Defaults and Events of Default. Subject to Section 8.79.07 and 12.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequencesconsequence, except a default or Event of Default in the payment of the principal of (of, or premium, if any) , or interest on on, any Security as specified in clauses (1) and (2) Security, a failure by the Company to convert any Securities into Cash or shares of Section 8.1Common Stock, if any, or a any default or Event of Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 12.02, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Polymedica Corp
Waiver of Defaults and Events of Default. Subject to Section 8.7Sections 8.07 and 11.02, the Holders of a majority in principal amount aggregate Principal Amount at Maturity of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequences, except a default or Event of Default in the payment of the principal of (or of, premium, if any) , or interest on any Security as specified in clauses (1) and (2) Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Section 8.1, or a default Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 11.02, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Mgi Pharma Inc
Waiver of Defaults and Events of Default. (a) Subject to Section 8.7Sections 7.07 and 10.02, the Holders of no less than a majority in aggregate principal amount of the Securities then outstanding by written notice to the Trustee may waive an existing default past Default or Event of Default and its consequences, except a default an uncured Default or Event of Default in the payment of the principal of (or premium, if any) or any accrued but unpaid interest on any Security as specified in clauses (1) and (2) of Section 8.1Security, or a default any Default or Event of Default in respect of a covenant any provision of this Indenture or provision hereof which the Securities which, under Section 10.02, cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder of each Security affected therebyaffected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.
Appears in 1 contract