Common use of Waiver of Existing Defaults Clause in Contracts

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of the Controlling Party, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, 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 Indenture, 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: Indenture (Theravance Biopharma, Inc.), Indenture (Theravance Inc), Indenture (Theravance Biopharma, Inc.)

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Waiver of Existing Defaults. (a) The Senior Trustee, upon Trustee or the Direction Holders of a majority of the Controlling Party, aggregate Outstanding Principal Balance of the Senior Class of Notes by written notice to the Issuer Trustee may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) ): (i) in the payment of the interest on, principal of of, and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that which under Article IX hereof cannot be modified or amended without the consent of the Noteholder Holder of each Note affected thereby. Upon any such waiver, 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 Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon.

Appears in 3 contracts

Samples: NPS Pharmaceuticals Inc, NPS Pharmaceuticals Inc, Indenture (Alkermes Inc)

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders holding a majority of the Controlling PartyOutstanding Principal Balance of the Senior Class of Notes, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, 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 Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon.

Appears in 3 contracts

Samples: Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.)

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders of a majority of the Controlling PartyOutstanding Principal Balance of the Senior Class of Notes, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, 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 Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Biocryst Pharmaceuticals Inc), Indenture (PDL Biopharma, Inc.)

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Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders holding a majority of the Controlling PartyOutstanding Principal Balance of the Senior Class of Notes, by written notice to the Issuer may shall waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, 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 Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Zealand Pharma a/S), Indenture (Zealand Pharma a/S)

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