Common use of Waiver of Past Defaults and Events of Default Clause in Contracts

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of the then outstanding Notes at the time outstanding of such series may on behalf of the Holders of all the affected Notes of such series waive any past Default with respect to such series of Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes of any applicable series will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company Issuer and the Trustee, except a Default (1i) in the payment of interest on or the principal of any Note or (2ii) in respect of a covenant or provision hereof which under this the Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the CompanyIssuer, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this the Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Senior Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Senior Notes at the time outstanding may on behalf of the Holders of all the Senior Notes waive any past Default with respect to such Senior Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Senior Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Senior Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Senior Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding by notice to the Trustee may on behalf of the Holders of all the Notes waive any past existing Default with respect to such Notes or Event of Default and its consequences by providing written notice thereof to the Company and the Trusteeunder this Indenture, except a continuing Default or Event of Default (1) in the payment of interest on or Additional Interest on, or the principal of any Note of, the Notes or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes will shall be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes Securities of any series are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time then outstanding Securities of such series may on behalf of the Holders of all the Notes affected Securities waive any past Default with respect to such Notes Securities and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note Security or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note Security affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes Securities will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Senior Discount Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount at maturity of Senior Discount Notes at the time outstanding may on behalf of the Holders of all the Senior Discount Notes waive any past Default with respect to such Senior Discount Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Senior Discount Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Senior Discount Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Senior Discount Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company Issuer and the Trustee, except a Default (1i) in the payment of interest on or the principal of any Note or (2ii) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the CompanyIssuer, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the The Holders of a majority in principal amount of the then outstanding Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company Issuer and the Trustee, except a Default (1) in the payment of interest or premium, if any, on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each all outstanding Note affectedNotes. In the case of any such waiver, the CompanyIssuer, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in at least 66⅔% of the aggregate principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes will shall be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided So long as the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in aggregate principal amount of Notes at the time outstanding may may, on behalf of the Holders of all the Notes Notes, waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which or of the Notes that under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount at maturity of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company Issuer and the TrusteeTrus- tee, except a Default (1) in the payment of interest on or the principal Accreted Value of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the CompanyIssuer, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company Issuers and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the CompanyIssuers, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.. 77

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, PROVIDED that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due Subject to Sections 6.2, 6.7 and payable by reason of a declaration of acceleration8.2 hereof, the Holders of not less than a majority in aggregate principal amount of the outstanding Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes default under this Indenture and its consequences by providing written notice thereof to the Company and the Trusteeconsequences, except a Default default (1) in any payment in respect of the payment of principal, Redemption Price or Purchase Price of, and accrued interest on or the principal of on, any Notes (including any Note which is required to have been purchased pursuant to an Offer to Purchase which has been made by the Issuers), or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of Upon any such waiver, the Companysuch Default shall cease to exist, the Trustee and the Holders any Event of the Notes will Default arising therefrom shall be restored deemed to their former positions and rights under have been cured for every purpose of this Indenture, respectively; provided, that but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Senior Subordinated Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Senior Subordinated Notes at the time outstanding may on behalf of the Holders of all the Senior Subordinated Notes waive any past Default with respect to such Senior Subordinated Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Senior Subordinated Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Senior Subordinated Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the Senior Subordinated Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of a particular series of Notes at the time outstanding may on behalf of the Holders of all the Notes of such series waive any past Default with respect to such Notes of such series and its consequences (including any such waiver obtained in connection with a tender offer or exchange offer for such Notes) by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of (or premium on) any Note such Note, includes such Default arising from failure to purchase any such Notes tendered pursuant to a Change of Control Offer or a Net Proceeds Offer or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of any such waiver, the Company, the Trustee and the Holders of the such Notes will be restored to their former positions and rights under this Indenture, respectively; provided, that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

Waiver of Past Defaults and Events of Default. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of a majority in principal amount of Notes at the time outstanding may on behalf of the Holders of all the Notes waive any past Default with respect to such Notes and its consequences by providing written notice thereof to the Company and the Trustee, except a Default (1) in the payment of interest on or the principal of any Note or (2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Note affected. In the case of -91- any such waiver, the Company, the Trustee and the Holders of the Notes will be restored to their former positions and rights under this Indenture, respectively; provided, provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.