Common use of Waiver of Past Defaults Clause in Contracts

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 25 contracts

Samples: Indenture (Teva Pharmaceutical Industries LTD), Debt Indenture (Gazit Group Financial LLC), Senior Debt Indenture (Gazit Group Financial LLC)

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Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes as provided in Section 4.015.02, the Holders of Notes of not less than a majority in aggregate principal amount of the Securities Security Balances of all series at the time Outstanding with respect to which Notes may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Notes or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedNote or (c) the waiver of which would materially and adversely affect the interests of the Credit Enhancer or modify its obligation under the Credit Enhancement Instrument. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 15 contracts

Samples: J P Morgan Acceptance Corp I, Indenture (Southern Pacific Secured Assets Corp), Servicing Agreement (Citigroup Mortgage Loan Trust Inc)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 14 contracts

Samples: Indenture (Orix Corp), Senior Indenture (Orix Corp), GasLog Ltd.

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Bonds as provided in Section 4.015.02 hereof, the Holders of Bonds representing not less than a majority in aggregate principal amount of the Securities aggregate Bond Principal Balance of all series at the time Outstanding with respect to which Bonds may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Bonds or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedBond. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Bonds shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 13 contracts

Samples: Indenture (Impac CMB Trust Series 2004-2), Indenture (Impac CMP Trust Series 2004-5), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-1)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in aggregate principal amount of the Outstanding Securities of all any series at by notice to the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Trustee may waive on behalf of the Holders of all Securities of such Securities waive any series a past default Default or Event of Default described in Section 4.01 with respect to that series and its consequences, consequences except a default Default or Event of Default (i) in the payment of the principal of, premium, if any, or interest, if any, on any Security of such series or any coupon appertaining thereto or (ii) in respect of a covenant or provision hereof which pursuant to Section 8.2 cannot be amended or modified or amended without the consent of the Holder of each Outstanding Security of such series adversely affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon. In case of any such waiver, the Company, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Securities of such series, respectively.

Appears in 12 contracts

Samples: Indenture (Covenant Transportation Group Inc), Indenture (Universal Logistics Holdings, Inc.), Indenture (Universal Logistics Holdings, Inc.)

Waiver of Past Defaults. Prior Subject to the acceleration of the maturity of any Securities as provided in Section 4.01Sections 7.2, 7.07 and 11.02, the Holders of at least a majority in aggregate principal Principal amount (or, if the Securities are Original Issue Discount Securities, such portion of the Principal as is then accelerable under Section 7.2) of the outstanding Securities of each series affected, by notice to the Trustee, may waive all past Defaults with respect to the Securities of all such series at the time Outstanding with respect to which an Event and rescind and annul a declaration of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 acceleration and its consequences, except a default if (a) all existing Events of Default, other than nonpayment of Principal of, premium, if any, or interest on any Security as specified in respect clauses Section 7.1(a) and Section 7.1(b) of Section 7.1 that have become due solely by such declaration of acceleration have been cured or waived and (b) the rescission would not conflict with any judgment or decree of a covenant or provision hereof which cannot be modified or amended without the consent court of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereoncompetent jurisdiction. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default with respect to the Securities of such series arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 12 contracts

Samples: Subordinated Indenture (MULTI COLOR Corp), Subordinated Indenture (AtriCure, Inc.), Senior Indenture (AtriCure, Inc.)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in aggregate principal amount of the Outstanding Securities of all any series at by notice to the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Trustee may waive on behalf of the Holders of all Securities of such Securities waive any series a past default Default or Event of Default described in Section 4.01 with respect to that series and its consequences, consequences except a default Default or Event of Default (i) in the payment of the principal of, premium, if any, or interest on any Security of such series or any coupon appertaining thereto or (ii) in respect of a covenant or provision hereof which pursuant to Section 8.2 cannot be amended or modified or amended without the consent of the Holder of each Outstanding Security of such series adversely affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon. In case of any such waiver, the Company, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Securities of such series, respectively.

Appears in 11 contracts

Samples: Indenture (Netsol Technologies Inc), Indenture (WaferGen Bio-Systems, Inc.), Indenture (Methes Energies International LTD)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities as provided in Section 4.01, particular series the Holders of not less than a majority in aggregate principal amount of the Securities of all such particular series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities particular series waive any past default or Event of Default described in Section 4.01 with respect to such particular series and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Outstanding Security affectedaffected as provided in Section 7.2. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such the Securities of each series affected shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 10 contracts

Samples: Newmont (Newmont Usa LTD), Newmont (Newmont Mining Corp /De/), Indenture (Ahold Finance Usa Inc)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes as provided in Section 4.015.02, the Holders of Notes of not less than a majority in aggregate principal amount of the Securities Security Balances of all series at the time Outstanding with respect to which Notes may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Notes or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedNote or (c) the waiver of which would materially and adversely affect the interests of the Credit Enhancer or modify its obligation under the Credit Enhancement Instrument. In the case of any such waiver, the IssuerIssuing Entity, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 10 contracts

Samples: Indenture (Opteum Mortgage Acceptance CORP), Shellpoint Mortgage Acceptance LLC, Material Definitive Agreement (Structured Asset Mortgage Investments Ii Inc)

Waiver of Past Defaults. Prior If a Default or Event of Default with respect to the acceleration a series of the maturity of any Securities as provided in Section 4.01Debentures has occurred and is continuing, the Holders of at least a majority in aggregate principal amount of the Securities Debentures of all that series at the time Outstanding with respect to which an Event outstanding, or, if that series of Default shall have occurred and be continuing (voting as Debentures is held by a single class) may on behalf Trust, the holders of at least a majority in aggregate liquidation preference of the Holders Trust Preferred Securities of all such Securities that Trust, in each case by notice to the Trustee and the Company, may waive any past default an existing Default or Event of Default described in Section 4.01 and its consequencesconsequences except a Default or Event of Default in the payment of the principal of or premium, except if any, or interest on any Debenture of that series (unless such default has been cured and a sum sufficient to pay all matured installments of interest and principal due otherwise than by acceleration has been deposited with the Trustee) or a default in respect of a covenant or provision hereof provisions which under this Indenture cannot be modified or amended without the consent of the Holder of each Security affectedof such outstanding Debentures. In the case When a Default or Event of any such waiverDefault is waived, the Issuerit is deemed cured and shall cease to exist, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonright.

Appears in 9 contracts

Samples: Junior Indenture (Heco Capital Trust I), Heco Capital Trust I, Hawaiian Electric Co Inc

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Bonds as provided in Section 4.015.02 hereof, the Holders of Bonds representing not less than a majority in aggregate principal amount of the Securities aggregate Bond Principal Balance of all series at the time Outstanding with respect to which Bonds may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequencesBonds, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedBond or (c) the waiver of which would materially and adversely affect the interests of the Bond Insurer or modify its obligation under the Bond Insurance Policy. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Bonds shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 9 contracts

Samples: Indenture (Imh Assets Corp), Servicing Agreement (Imh Assets Corp Impact CMB Trust Series 2002-7), Indenture (Imh Assets Corp Impac CMB Trust Series 2003-6)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes as provided in Section 4.015.02, the Holders of Notes of not less than a majority in aggregate principal amount of the Securities Security Balances of all series at the time Outstanding with respect to which Notes may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Notes or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedNote or (c) the waiver of which would materially and adversely affect the interests of the Note Insurer or modify its obligation under the Note Insurance Policy. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 8 contracts

Samples: Servicing Agreement (Long Beach Securities Corp), Servicing Agreement (National City Mortgage Capital LLC), Indenture (Ameriquest Mortgage Securities Inc)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing continuing, may (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 8 contracts

Samples: Senior Indenture (Axis Capital Holdings LTD), Indenture (Axis Capital Holdings LTD), Indenture (AXIS Specialty Finance LLC)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Any past Lease Indenture Event of Default shall have occurred and its consequences may be continuing (voting as waived by the Indenture Trustee or a single class) may on behalf Majority in Interest of the Holders of all such Securities waive any past default or Noteholders, except a Lease Indenture Event of Default described (i) in Section 4.01 the payment of the principal of, Make-Whole Amount, if any, and its consequencesor interest on any Lessor Note, except a default subject to the provisions of Sections 5.1 and 8.1 hereof, or (ii) in respect of a covenant or provision hereof which which, under Section 8.1 hereof, cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereonNoteholder. Upon any such waiver and subject to the terms of such waiver, such default Lease Indenture Event of Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any other Lease Indenture Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or Lease Indenture Event of Default or impair any right consequent thereon.

Appears in 7 contracts

Samples: Mortgage and Security Agreement (Calpine Corp), Mortgage and Security Agreement (Calpine Corp), Mortgage and Security Agreement (Calpine Corp)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 7 contracts

Samples: Subordinated Indenture (Abn Amro Bank Nv), Indenture (Morgan Stanley Dean Witter & Co), Nvidia Corp/Ca

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default in the payment of the principal of or interest on any Security of such series or in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 7 contracts

Samples: Indenture (Source One Mortgage Services Corp), Indenture (Source One Mortgage Services Corp), Source One Mortgage Services Corp

Waiver of Past Defaults. Prior to the declaration of acceleration of the maturity Maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which a default or an Event of Default shall have occurred and be continuing (determined as provided herein and voting as a single one class) may on behalf of the Holders of all such affected Securities waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default or an Event of Default (i) in the payment of the principal of or interest, if any, on any Security of such series, or (ii) in respect of a covenant or provision hereof or of any Security which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such affected Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 7 contracts

Samples: Indenture (CMS Energy Corp), Indenture (CMS Energy Trust Ii), Indenture (Laclede Capital Trust I)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities series as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all any series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities series waive any past default Default or Event of Default described in Section 4.01 hereunder with respect to the Securities of such series and its consequences, except a default Default (a) in the payment of principal or interest on any Security of such series or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon. In the case of any such waiver, the Issuer, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon.

Appears in 7 contracts

Samples: Indenture (Freeport McMoran Copper & Gold Inc), Freeport McMoran Copper & Gold Inc, Freeport McMoran Copper & Gold Inc

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantorany guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 7 contracts

Samples: Senior Debt Indenture (Gazit Group Financial LLC), Subordinated Debt Indenture (Gazit Group Financial LLC), Teva Pharmaceutical Finance Co B.V.

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Securitized Utility Tariff Bonds as provided in Section 4.015.02, the Holders of representing a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders of all such Securities Securitized Utility Tariff Bonds, by written notice to the Indenture Trustee, may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Securitized Utility Tariff Bonds or (b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Security affectedSecuritized Utility Tariff Bond. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 6 contracts

Samples: Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Kansas Gas Service Securitization I, L.L.C.), Indenture (Kansas Gas Service Securitization I, L.L.C.)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Bonds as provided in Section 4.015.02 hereof, the Holders of Bonds representing not less than a majority in aggregate principal amount of the Securities aggregate Bond Principal Balance of all series at the time Outstanding with respect to which Class A-1 Bonds and Class M Bonds and a majority of the Notional Amount of the Class A-IO Bonds may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Bonds or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedBond. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Bonds shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 6 contracts

Samples: Servicing Agreement (Impac CMB Trust Series 2002-4f), Indenture (Imh Assets Corp Impact CMB Trust Series 2002-7), Indenture (Imh Assets Corp Impac CMB Trust Series 2002 9f)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Outstanding Securities of all any series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all Securities of such Securities series waive any past default or Event of Default described in Section 4.01 5.1 and its consequencesconsequences with respect to such series of Securities, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all Securities of such Securities series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist with respect to such series of Securities and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 6 contracts

Samples: Senior Indenture (Enstar Finance LLC), Subordinated Indenture (Enstar Finance LLC), Senior Indenture (Enstar Finance LLC)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities Series as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time such Series then Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past such default or Event of Default described in Section 4.01 and its consequences, consequences except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the IssuerCompany, the GuarantorTrustee, the Trustee and the Holders of all the Securities of such Securities Series and the Holder of any Coupon appertaining thereto shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred 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 6 contracts

Samples: Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 6 contracts

Samples: Indenture (Max USA Holdings Ltd.), Senior Indenture (Greenlight Capital Re, Ltd.), Indenture (Greenlight Capital Re, Ltd.)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Storm Recovery Bonds as provided in Section 4.015.02, the Holders of representing a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders of all such Securities Storm Recovery Bonds may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Storm Recovery Bonds or (b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Security Storm Recovery Bond of all tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. 50 Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 6 contracts

Samples: Indenture (Duke Energy Progress NC Storm Funding LLC), Indenture (Duke Energy Progress NC Storm Funding LLC), Indenture (Duke Energy Progress NC Storm Funding LLC)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities Series as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series such Series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities Series and Holders of all Coupons, if any, appertaining thereto waive any past default hereunder or Event of Default described in Section 4.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of each Security affectedor interest on any of the Securities of such Series. In the case of any such waiver, the IssuerCompany, the GuarantorTrustee, the Trustee and the Holders of all the Securities of such Securities Series and the Holder of any Coupon appertaining thereto shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred 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 6 contracts

Samples: Indenture (Joy Global Inc), Joy Global Inc, Indenture (Kellogg Co)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities Series as provided in Section 4.015.01, the Holders of a majority in aggregate principal amount of the Securities of all series such Series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may may, on behalf of the Holders of all the Securities of such Securities Series and Holders of all Coupons, if any, appertaining thereto waive any past default hereunder or Event of Default described in Section 4.01 and its consequences, except a default in respect the payment of a covenant principal or provision hereof which cannot be modified or amended without the consent interest on any of the Holder Securities of each Security affectedsuch Series. In the case of any such waiver, the IssuerCompany, the GuarantorTrustee, the Trustee Holders of the Securities of such Series and the Holders of all such Securities any Coupons appertaining thereto shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred 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 6 contracts

Samples: MidWestOne Financial Group, Inc., Alerus Financial Corp, MidWestOne Financial Group, Inc.

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in aggregate principal amount of the Outstanding Securities of all any series at by notice to the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Trustee may waive on behalf of the Holders of all Securities of such Securities waive any series a past default Default or Event of Default described in Section 4.01 with respect to that series and its consequences, consequences except a default Default or Event of Default (i) in the payment of the principal of, premium, if any, or interest on any Security of such series or (ii) in respect of a covenant or provision hereof which pursuant to Section 8.2 cannot be amended or modified or amended without the consent of the Holder of each Outstanding Security of such series adversely affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon. In case of any such waiver, the Company, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Securities of such series, respectively.

Appears in 6 contracts

Samples: Indenture (Akoustis Technologies, Inc.), Indenture (Know Labs, Inc.), Indenture (Akoustis, Inc.)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event event of Default default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 6 contracts

Samples: Indenture (Sunamerica Capital Trust Vi), Indenture (Hei Preferred Funding L P), Indenture (Sunamerica Capital Trust Iv)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Transition Bonds of all Series as provided in Section 4.015.02, the Holders of not less than a majority in aggregate principal amount of the Securities Outstanding Amount of the Transition Bonds of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Series may on behalf of the Holders of all such Securities waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (i) in payment of principal of or premium, if any, or interest on any of the Transition Bonds or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Transition Bond of all Series or Classes affected. In the case of any such waiver, the Issuer, the Guarantor, the Bond Trustee and the Holders of all such Securities the Transition Bonds shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 6 contracts

Samples: Indenture (Peco Energy Transition Trust), Indenture (Peco Energy Transition Trust), Indenture (Peco Energy Transition Trust)

Waiver of Past Defaults. Prior to a declaration of the acceleration of the maturity of the Securities of any Securities series as provided in Section 4.01, the Holders of a majority in aggregate principal amount of the Securities of all such series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (each such series voting as a single separate class) may on behalf of the Holders of all the Securities of such Securities series waive any past an existing default or Event of Default described in Section 4.01 and its consequencesDefault, except a default in the payment of Principal of or interest on any Security as specified in clauses (a) or (b) of Section 4.01 or in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the each Holder of each Security affectedaffected as provided in Section 7.02. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such the Securities of each series affected shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 5 contracts

Samples: Comcast Corp, Indenture (Comcast Corp), Indenture (Comcast Corp)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Environmental Control Bonds of all Series as provided in Section 4.015.02 and upon satisfaction of the PSCWV Condition set forth in 9.03 of this Indenture, the Holders of not less than a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Environmental Control Bonds of all such Securities an affected Series may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (i) in payment of principal of or premium, if any, or interest on any of the Environmental Control Bonds or (ii) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder Holders of each Security Environmental Control Bond of all Series or Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Environmental Control Bonds shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 5 contracts

Samples: Indenture (MP Environmental Funding LLC), Indenture (PE Environmental Funding LLC), Indenture (MP Environmental Funding LLC)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes as provided in Section 4.015.02, the Holders of Notes of not less than a majority in aggregate principal amount of the Securities Security Balances of all series at the time Outstanding with respect to which Notes may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Notes or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedNote or (c) the waiver of which would mate rially and adversely affect the interests of the Credit Enhancer or modify its obligation under the Credit Enhancement Instrument. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 5 contracts

Samples: Indenture (New Century Mortgage Securities Inc), Indenture (Salomon Brothers Mortgage Securities Vii Inc), Indenture (Icifc Secured Assets Corp)

Waiver of Past Defaults. Prior Subject to the acceleration of the maturity of any Securities as provided in Section 4.01Sections 6.02, 6.07 and 9.02, the Holders of at least a majority in aggregate principal amount of the Securities of outstanding Securities, by written notice to the Trustee, may waive all series at the time Outstanding with respect to which an Event past Defaults and Events of Default shall have occurred and be continuing rescind and annul a declaration of acceleration (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequences, except a default Default in the payment of principal of, premium, if any, or interest on any Security as specified in clause (a) or (b) of Section 6.01 or in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder holder of each outstanding Security affected. In ) if (i) all existing Events of Default, other than the case nonpayment of principal of, premium, if any, or interest on the Securities that have become due solely by such declaration of acceleration, have been cured or waived and (ii) the rescission would not conflict with any such waiver, the Issuer, the Guarantor, the Trustee and the Holders judgment or decree of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereona court of competent jurisdiction. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 5 contracts

Samples: Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Environmental Trust Bonds as provided in Section 4.015.02, the Holders of representing not less than a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Environmental Trust Bonds of all such Securities an affected Tranche may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Environmental Trust Bonds or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Environmental Trust Bond of all Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon.thereto

Appears in 5 contracts

Samples: Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Transition Bonds as provided in Section 4.015.02, the Holders of representing not less than a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Transition Bonds of all such Securities an affected Tranche, together with the PUCT, may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Transition Bonds or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Transition Bond of all Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 5 contracts

Samples: Indenture (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC), Indenture (Entergy Texas Restoration Funding, LLC)

Waiver of Past Defaults. Prior to In the acceleration case of the maturity a default or an Event of any Securities as provided Default specified in clause (b), (c) or (d) of Section 4.018.01, the Holders of a majority in aggregate principal amount of all the Securities of all series at the time then Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past such default or Event of Default described in Section 4.01 Default, and its consequences, consequences except a default in respect of a covenant or provision provisions hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the GuarantorCompany, the Trustee and the Holders of all such the Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this IndentureAgreement; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

Appears in 5 contracts

Samples: Payment Rights Agreement (Fusion Systems Corp), Agreement and Plan of Merger (Eaton Corp), Contingent Payment Rights Agreement (Fusion Systems Corp)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the Holders of a majority in aggregate principal amount of the Securities of all a series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 5 contracts

Samples: Indenture (Teva Pharmaceutical Finance Co B.V.), Indenture (Teva Pharmaceutical Finance Co B.V.), Indenture (Teva Pharmaceutical Industries LTD)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Bonds as provided in Section 4.015.02 hereof, the Holders of Bonds representing not less than a majority in aggregate principal amount of the Securities aggregate Bond Principal Balance of all series at the time Outstanding with respect to which Bonds may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequencesBonds, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedBond or (c) the waiver of which would materially and adversely affect the interests of the Bond Insurer or modify its obligations under the Bond Insurance Policy. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Bonds shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 5 contracts

Samples: Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7), Mortgage Loan Purchase Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003 10)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Energy Transition Bonds as provided in Section 4.015.02, the Holders of representing a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders of all such Securities Energy Transition Bonds may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Energy Transition Bonds or (b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Security Energy Transition Bond of all Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon.thereto

Appears in 4 contracts

Samples: Intercreditor Agreement (PNM Energy Transition Bond Co I, LLC), Intercreditor Agreement (PNM Energy Transition Bond Co I, LLC), Intercreditor Agreement (PNM Energy Transition Bond Co I, LLC)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in aggregate principal amount of Outstanding Notes by notice to the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Trustee may waive on behalf of the Holders of all such Securities waive any Notes a past default Default or Event of Default described in Section 4.01 with respect the Notes and its consequencesconsequences except (i) a Default or Event of Default in the payment of the principal of, except a default premium, if any, or interest on any Note or (ii) in respect of a covenant or provision hereof which pursuant to Section 8.2 cannot be amended or modified or amended without the consent of the Holder of each Security Outstanding Note adversely affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon. The Company shall deliver to the Trustee an Officers’ Certificate stating that the requisite percentage of Holders have consented to such waiver and attach copies of such consents. In case of any such waiver, the Company, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Appears in 4 contracts

Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Ual Corp /De/

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Bank of America Corp /De/), Indenture (Abn Amro Bank Nv), Abn Amro Bank Nv

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities series as provided in Section 4.015.01, the Holders of a majority in aggregate principal amount of the Securities of all such series at the time Outstanding with respect Outstanding, by written notice to which an Event of Default shall have occurred and be continuing (voting as a single class) the Trustee, may on behalf of the Holders of all the Securities of such Securities series waive any past existing default in the performance of any of the covenants contained herein or Event of Default described in established pursuant to Section 4.01 2.03 with respect to such series and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of, or interest on, any of each Security affectedthe Securities of that series as and when the same shall become due by the terms of such Securities. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all the Securities of such Securities series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing continuing, may (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: AXIS Specialty Finance LLC, AXIS Specialty Finance LLC, Indenture (Rediff Com India LTD)

Waiver of Past Defaults. Prior Subject to the acceleration of the maturity of any Securities as provided in Section 4.01Sections 6.02, 6.07 and 9.02, the Holders of at least a majority in aggregate principal Principal amount (or, if the Securities are Original Issue Discount Securities, such portion of the Principal as is then accelerable under Section 6.02) of the outstanding Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing affected (voting as a single class) may ), by notice to the Trustee, may, on behalf of the Holders of all of the Securities of such Securities series, waive any past default an existing Default or Event of Default described in Section 4.01 with respect to the Securities of such series and its consequences, except a default Default in the payment of Principal of or interest on any Security as specified in paragraph (a) or (b) of Section 6.01 or in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder of each outstanding Security affected. In the case of Upon any such waiver, such Default shall cease to exist, and any Event of Default with respect to the IssuerSecurities of such series arising therefrom shall be deemed to have been cured, for every purpose of this Indenture and the GuarantorCompany, the Trustee and the Holders of all such Securities shall be restored to their former positions position and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 4 contracts

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

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes of all Series as provided in Section 4.015.02, the Holders of Notes representing not less than a majority in aggregate principal amount of the Securities Outstanding Amount of the Notes of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Series may on behalf of the Holders of all such Securities waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Notes or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Note of all Series or Classes affected. In the case of any such waiver, the Note Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 4 contracts

Samples: Indenture (Comed Funding LLC), Indenture (Comed Funding LLC), Indenture (Illinois Power Securitization Limited Liability Co)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities as provided in Section 4.01, particular series the Holders of not less than a majority in aggregate principal amount of the Securities of all such particular series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities particular series waive any past default or Event of Default described in Section 4.01 with respect to such particular series and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Outstanding Security affectedaffected as provided in Section 7.2. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such the Securities of each series affected shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Ahold Finance Usa Inc), Stolt Offshore S A, Newmont Mining Corp

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Securitization Bonds as provided in Section 4.015.02, the Holders of representing a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Securitization Bonds of all such Securities an affected Tranche may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Securitization Bonds or (b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Security Securitization Bond of all Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 4 contracts

Samples: Indenture (Consumers Energy Co), Indenture (Consumers 2014 Securitization Funding LLC), Indenture (Consumers 2014 Securitization Funding LLC)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities Notes as provided in Section 4.014.1, the Holders of a majority in aggregate principal amount of the Securities of all series Notes at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities Notes waive any past default or Event of Default described in Section 4.01 4.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Note affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline Partners, LP)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee Trustee, the Securities Administrator and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Royal Bank of Scotland Group PLC), Indenture (Abn Amro Bank Nv), Indenture (Abn Amro Bank Nv)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in aggregate principal amount of the outstanding Securities of a Series may waive on behalf of all series at the time Outstanding Holders any Default with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 Series and its consequences, except a default Default with respect to any provision requiring supermajority approval to amend, which Default may only be waived by such a supermajority with respect to such Series, and except a Default in the payment of principal of or interest on any Security of that Series not yet cured or a Default with respect of a to any covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each outstanding Security of that Series affected. In , provided, however, that Holders of a majority or a supermajority (as the case may be) in aggregate principal amount of the Securities of any Series may rescind an acceleration and its consequences including any payment default that resulted from such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored acceleration only pursuant to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereonSection 6.2 hereof. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: CNL American Properties Fund Inc, CNL American Properties Fund Inc, HMC Merger Corp

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities series as provided in Section 4.015.01, the Holders of a majority in aggregate principal amount of the Securities of all such series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities series waive any past default in the performance of any of the covenants contained herein or Event of Default described in established pursuant to Section 4.01 2.03 with respect to such series and its consequences, except a an uncured default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of each Security affected(or premium, if any), or interest on, any of the Securities of that series as and when the same shall become due by the terms of such Securities. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all the Securities of such Securities series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (LSB Industries Inc), Indenture (LSB Industries Inc), Indenture (LSB Industries Inc)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities At a meeting duly convened at which a quorum is present as provided in Section 4.016.6, the Holders of a majority in aggregate principal amount of the Outstanding Securities of all series such Series represented and voting at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may such meeting may, on behalf of the Holders of all the Securities of such Securities Series, waive any past or present default or Event of Default described in Section 4.01 with respect to such Series and its consequences, except a default in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the each Holder of each Security affectedSecurities of such Series affected as provided in Section 7.2. In the case of any such waiver, the Issuer, the GuarantorIRSA, the Trustee and the Holders of all the Securities of such Securities Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurredoccurred with respect to such Series, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred with respect to such Series 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 thereonthereon or affect any other Series of Securities.

Appears in 3 contracts

Samples: Indenture (Cresud Inc), Indenture (Irsa Investments & Representations Inc), Indenture (Irsa Investments & Representations Inc)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes as provided in Section 4.015.02, the Holders of Notes of not less than a majority in aggregate principal amount of the Securities Security Balances of all series at the time Outstanding with respect to which Notes may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Notes or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedNote or (c) the waiver of which would mate rially and adversely affect the interests of the Credit Enhancer or modify its obligation under the Credit Enhancement Instrument. In the case of any such waiver, the IssuerIssuing Entity, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 3 contracts

Samples: Indenture (Impac Secured Assets Corp), Material Definitive Agreement (Impac Secured Assets Corp), Material Definitive Agreement (Impac Secured Assets Corp)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any the Securities as provided in Section 4.016.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding outstanding with respect to which an Event event of Default default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default Default or Event of Default described in Section 4.01 6.01 and its consequences, except a default Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the IssuerCompany, the GuarantorGuarantors, the Trustee and the Holders of all such Securities of each series affected shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: RJR Acquisition Corp, Rj Reynolds Tobacco Holdings Inc, Reynolds R J Tobacco Co

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes of all Series as provided in Section 4.015.02, the Holders of Notes representing not less than a majority in aggregate principal amount of the Securities Outstanding Amount of the Notes of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Series may on behalf of the Holders of all such Securities waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Notes or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Note of all Series or Classes affected. In the case of any such waiver, the Note Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 3 contracts

Samples: Interest Original Principal (Central & South West Corp), CPL Transition Funding LLC, CPL Transition Funding LLC

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity Maturity of the Securities of any Securities Series as provided in Section 4.015.1, the Holders of not less than a majority in aggregate principal amount at Maturity of the Securities of all series such Series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities Series waive any past default hereunder or Event of Default described in Section 4.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of each Security affectedor interest on or any Additional Amounts with respect to, any of the Securities of such Series (unless the conditions specified in the last paragraph of Section 5.1 have been fully satisfied). In the case of any such waiver, the IssuerCompany, the Guarantor, the Trustee and Trustee, the Holders of all the Securities of such Securities Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred 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 (Max Re Capital LTD), Max USA Holdings Ltd., Max USA Holdings Ltd.

Waiver of Past Defaults. Prior to a declaration of the acceleration of the maturity of the Securities of any Securities series as provided in Section 4.01, the Holders of a majority in aggregate principal amount of the Securities of all such series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (each such series voting as a single separate class) may on behalf of the Holders of all the Securities of such Securities series waive any past an existing default or Event of Default described in Section 4.01 and its consequencesDefault, except a default in the payment of Principal of or interest on any Security as specified in clauses (a) or (b) of Section 4.01 or in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the each Holder of each Security affectedaffected as provided in . In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such the Securities of each series affected shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Comcast Cable Communications Inc), Indenture (Comcast Cable Communications LLC), Indenture (Planetout Inc)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the GuarantorGuarantors, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Senior Indenture (Bank of America Corp /De/), Abn Amro Bank Nv, Abn Amro Bank Nv

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Securitization Bonds as provided in Section 4.015.02, the Holders of representing a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Securitization Bonds of all such Securities an affected Tranche may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Securitization Bonds or (b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Security Securitization Bond of all Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 3 contracts

Samples: Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes as provided in Section 4.015.02, the Holders of Notes of not less than a majority in aggregate principal amount of the Securities Security Balances of all series at the time Outstanding with respect to which Notes may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Notes or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedNote [or (c) the waiver of which would materially and adversely affect the interests of the Credit Enhancer or modify its obligation under the Credit Enhancement Instrument]. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 3 contracts

Samples: Indenture (Equity One Abs Inc), Indenture (Cwabs Inc), First Horizon Asset Securities Inc

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Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Storm Recovery Bonds as provided in Section 4.015.02, the Holders of representing not less than a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Storm Recovery Bonds of all such Securities an affected Tranche may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Storm Recovery Bonds or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security the Storm Recovery Bonds of all Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 3 contracts

Samples: Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities series as provided in Section 4.015.01, the Holders of a majority in aggregate principal amount of the Securities of all such series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities series waive any past default in the performance of any of the covenants contained herein or Event of Default described in established pursuant to Section 4.01 2.04 with respect to such series and its consequences, except a an uncured default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of each Security affected(or premium, if any), or interest on, any of the Securities of that series as and when the same shall become due by the terms of such Securities. In the case of any such waiver, the IssuerCompany, the GuarantorGuarantor[s], the Trustee and the Holders of all the Securities of such Securities series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Discovery Communications, LLC), Indenture (Discovery Communications, LLC), Indenture (Discovery Communications, LLC)

Waiver of Past Defaults. Prior Subject to the acceleration of the maturity of any Securities as provided in Section 4.01Sections 6.02, 6.08 and 9.02, the Holders of at least a majority in aggregate principal amount of the outstanding Securities of all any series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or existing Default or Event of Default described in Section 4.01 with respect to the Securities of such series and its consequences, except a default an uncured Default in the payment of principal of or interest on any Security of such series as specified in clause (a) or (b) of Section 6.01 or in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder of each outstanding Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 3 contracts

Samples: Indenture (Dean Foods Co/), Dean Illinois Dairies, LLC, Model Dairy, LLC

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing continuing, may (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, Guarantor the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (AXIS Specialty Finance LLC), Indenture (AXIS Specialty Finance PLC), AXIS Specialty Finance LLC

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Securitization Bonds as provided in Section 4.015.02, the Holders of representing not less than a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Securitization Bonds of all such Securities an affected Tranche may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Securitization Bonds or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Securitization Bond of all Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 3 contracts

Samples: Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity Maturity of the Securities of any Securities Series as provided in Section 4.015.1, the Holders of not less than a majority in aggregate principal amount at Maturity of the Securities of all series such Series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities Series waive any past default hereunder or Event of Default described in Section 4.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of each Security affectedor interest on or any Additional Amounts with respect to, any of the Securities of such Series (unless the conditions specified in the last paragraph of Section 5.1 have been fully satisfied). In the case of any such waiver, the IssuerCompany, the Guarantor, the Trustee and the Holders of all the Securities of such Securities Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred 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: Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Markel Corp), Senior Indenture (Alterra Finance LLC)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities by written notice to the Trustee (with a copy to the Issuers; provided that any waiver under this Section 6.04 shall be valid and binding notwithstanding the failure to provide a copy of such notice to the Issuers) may on the behalf of all series at the time Outstanding with respect to which Holders waive an existing Default or Event of Default shall have occurred and be continuing its consequences, other than (voting as a) a single class) may on behalf Default or Event of Default in the payment of the Holders of all such Securities waive principal of, or premium, if any, or interest or PIK Interest on, any past default Security, (b) a Default or Event of Default described in clause (g) or (h) of Section 4.01 and its consequences6.01, except a default or (c) 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 9.02, cannot be modified or amended without the consent of the Holder of each outstanding Security affected. In When a Default or Event of Default is so waived, it is deemed cured and the case of any such waiver, the Issuer, the GuarantorIssuers, the Trustee and the Holders of all such Securities shall will be restored to their former positions and rights hereunderunder this Indenture, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonright.

Appears in 2 contracts

Samples: Party City Holdco Inc., Party City Holdco Inc.

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities At a meeting duly convened at which a quorum is present as provided in Section 4.016.6, the Holders of a majority in aggregate principal amount of the Outstanding Securities of all series a Series represented and voting at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may such meeting may, on behalf of the Holders of all the Securities of such Securities Series, waive any past or present default or Event of Default described in Section 4.01 with respect to such Series and its consequences, except a default in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the each Holder of each Security affectedSecurities of such Series affected as provided in Section 7.2. In the case of any such waiver, the Issuer, the GuarantorIRSA PC, the Trustee and the Holders of all the Securities of such Securities Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurredoccurred with respect to such Series, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred with respect to such Series 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 thereonthereon or affect any other Series of Securities.

Appears in 2 contracts

Samples: Indenture (Irsa Propiedades Comerciales S.A.), Indenture (Irsa Propiedades Comerciales S.A.)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the securities of any Securities series as provided in Section 4.015.1, the Holders of securities of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing then outstanding (voting as a single one class) may on behalf of the Holders of all such Securities waive any past such default or Event of Default described in Section 4.01 Default, and its consequences, consequences except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders Holder of all Securities of such Securities series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: J P Morgan Chase & Co, J P Morgan Chase & Co

Waiver of Past Defaults. Prior Subject to the acceleration of the maturity of any Securities as provided in Section 4.017.02, 7.07 and 11.02, the Holders of at least a majority in aggregate principal Principal amount (or, if the Securities are Original Issue Discount Securities, such portion of the Principal as is then accelerable under Section 7.02) of the outstanding Securities of each series affected, by written notice to the Trustee and the Company, may waive all past Defaults with respect to the Securities of all such series at the time Outstanding with respect to which an Event and rescind and annul a declaration of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 acceleration and its consequences, except a default if (a) all existing Events of Default, other than nonpayment of Principal of, premium, if any, or interest on any Security as specified in respect clauses Section 7.01(a) and Section 7.01(b) that have become due solely by such declaration of acceleration have been cured or waived and (b) the rescission would not conflict with any judgment or decree of a covenant or provision hereof which cannot be modified or amended without the consent court of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereoncompetent jurisdiction. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default with respect to the Securities of such series arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Grede LLC, Grede LLC

Waiver of Past Defaults. Prior Subject to the acceleration of the maturity of any Securities as provided in Section 4.01Sections 6.7 and 9.2, the Holders holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default existing Default or Event of Default described in Section 4.01 under this Indenture, and its consequences, except (i) a default in the payment of the principal of or interest on any Securities or (ii) a Default or Event of Default in respect of a covenant or provision hereof which that under Section 9.2 cannot be modified or amended without the consent of the Holder of each Security Securityholder affected. In the case When a Default or Event of any such waiverDefault is waived, the Issuerit is deemed cured, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonright. This paragraph of this Section 6.4 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the Securities, as permitted by the TIA. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred for every purpose of this Indenture; Indenture and the Securities, 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: Fisher Scientific International Inc, Fisher Scientific International Inc

Waiver of Past Defaults. Prior Subject to the acceleration of the maturity of any Securities as provided in Section 4.01Sections 7.02, 7.07 and 11.02, the Holders of at least a majority in aggregate principal Principal amount (or, if the Securities are Original Issue Discount Securities, such portion of the Principal as is then accelerable under Section 7.02) of the outstanding Securities of each series affected, by notice to the Trustee, may waive all past Defaults with respect to the Securities of all such series at the time Outstanding with respect to which an Event and rescind and annul a declaration of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 acceleration and its consequences, except a default if (a) all existing Events of Default, other than nonpayment of Principal of, premium, if any, or interest on any Security as specified in respect clauses Section 7.01(a) and Section 7.01(b) of Section 7.01 that have become due solely by such declaration of acceleration have been cured or waived and (b) the rescission would not conflict with any judgment or decree of a covenant or provision hereof which cannot be modified or amended without the consent court of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereoncompetent jurisdiction. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default with respect to the Securities of such series arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Senior Indenture (Ak Steel Holding Corp), Ak Steel Corp

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities Notes as provided in Section 4.014.1, the Holders of a majority in aggregate principal amount of the Securities Notes of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities Notes waive any past default or Event of Default described in Section 4.01 4.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Note affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (TGT Pipeline LLC), TGT Pipeline LLC

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.016.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 6.01 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Trust Indenture (First Responder Systems & Technology Inc.), Trust Indenture (First Responder Systems & Technology Inc.)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Transition Bonds of all Series as provided in Section 4.015.02, the Holders of not less than a majority in aggregate principal amount of the Securities Outstanding Amount of the Transition Bonds of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Series may on behalf of the Holders of all such Securities waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (i) in payment of principal of or premium, if any, or interest on any of the Transition Bonds or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Transition Bond of all Series or Classes affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities the Transition Bonds shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Pp&l Transition Bond Co Inc, Pp&l Transition Bond Co Inc

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.015.1, the Holders of a majority in aggregate principal amount of the Securities of all such series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) continuing, may on behalf of the Holders of all the Securities of such Securities series waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, Guarantor the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Senior Indenture (Argo Group Us, Inc.), Subordinated Indenture (Argo Group Us, Inc.)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in of the aggregate principal amount of the Securities of all series at then Outstanding, by notice to the time Outstanding with respect to which Trustee, may waive an Event of existing Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequences, except a default in respect of (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on any Security held by a non-consenting Holder, or (ii) a covenant or provision hereof which under Article Nine, cannot be modified or amended without the consent of the Holder of each Security affected. In the case then Outstanding, or (iii) any continuing Default or Event of Default in respect of any such waivermatter involving the release of Collateral (not otherwise permitted by terms of the Indenture Documents), which shall not be waived without the Issuer, consent of the Guarantor, the Trustee and the Holders Holder of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereoneach then Outstanding Security. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred cured for every purpose of this Indenture; but provided, however, that no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Security Agreement (Pioneer Companies Inc), Security Agreement (Pioneer Companies Inc)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Notes as provided in Section 4.015.02, the Holders of Notes of not less than a majority in aggregate principal amount of the Securities Security Balances of all series at the time Outstanding Notes with respect to which the prior written consent of the Credit Enhancer, or the Credit Enhancer (so long as no Credit Enhancer Default exists) may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Notes or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedNote. In the case of any such waiver, the Issuer, the GuarantorIndenture Trustee, the Trustee Credit Enhancer and the Holders of all such Securities the Notes shall be restored to their respective former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 2 contracts

Samples: Indenture (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Heloc Asset-Backed Notes Series 2003-2

Waiver of Past Defaults. Prior to a declaration of the acceleration of the maturity of the Securities of any Securities series as provided in Section 4.01, the Holders of a majority in aggregate principal Principal amount of the Securities of all such series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (each such series voting as a single separate class) may on behalf of the Holders of all the Securities of such Securities series waive any past an existing default or Event of Default described in Section 4.01 and its consequencesDefault, except a default in the payment of Principal of or interest on any Security as specified in clauses (a) or (b) of Section 4.01 or in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the each Holder of each Security affectedaffected as provided in Section 7.02. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such the Securities of each series affected shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Loop Media, Inc.), Formfactor Inc

Waiver of Past Defaults. Prior to the acceleration declaration of the maturity of any the Securities of a Series as provided in Section 4.014.1 hereof, the Holders of a majority in aggregate principal amount of the Securities of all series such Series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Securities of such Securities Series waive any past default or Event of Default described in Section 4.01 hereunder and its consequences, except a default (a) in the payment of principal or Change of Control purchase price of, premium, if any, or interest on any of the Securities or (b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all the Securities of such Securities Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (NRG Energy Inc), Indenture (NRG Energy Inc)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default or a default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 or default and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Upon any such waiver, such Event of Default or default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default or default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or Event of Default or default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Deutsche Bank Aktiengesellschaft, Deutsche Bank Aktiengesellschaft

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Bonds as provided in Section 4.015.02, the Holders of Bonds of not less than a majority in aggregate principal amount of the Securities Security Balances of all series at the time Outstanding with respect to which Bonds may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default Bonds or Event of Default described in Section 4.01 and its consequences, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedBond or (c) the waiver of which would materially and adversely affect the interests of the Credit Enhancer or modify its obligation under the Credit Enhancement Instrument. In the case of any such waiver, the IssuerIssuing Entity, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Bonds shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 2 contracts

Samples: Indenture (Imh Assets Corp), Imh Assets Corp

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) The Controlling Party may on behalf of the Holders of all such Securities waive any past default Default or Event of Default described in Section 4.01 relating to the Notes and its consequences, consequences except a default Default (a) in payment of principal of or interest on any of the Notes or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedNote. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this IndentureIndenture and the Series Supplement; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Indenture (HSBC Automotive Trust (USA) 2007-1), Indenture (HSBC Automotive Trust (USA) 2006-1)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Securitization Bonds as provided in Section 4.015.02, the Holders of representing not less than a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Securitization Bonds of all such Securities an affected Tranche may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Securitization Bonds or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Securitization Bond of all Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon.thereto

Appears in 2 contracts

Samples: Indenture (DTE Electric Securitization Funding I LLC), Indenture (DTE Electric Securitization Funding I LLC)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Bonds as provided in Section 4.015.02 hereof, the Holders of Bonds representing not less than a majority in aggregate principal amount of the Securities aggregate Bond Principal Balance or Notional Amounts of all series at the time Outstanding with respect to which Bonds may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequencesBonds, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedBond or (c) the waiver of which would materially and adversely affect the interests of the Bond Insurer or modify its obligations under the Bond Insurance Policy. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Bonds shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 2 contracts

Samples: Indenture (IMPAC CMB Trust Series 2005-5), IMPAC CMB Trust Series 2005-5

Waiver of Past Defaults. Prior to the acceleration declaration of the maturity of any the Securities as provided in Section 4.015.1 hereof, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such the Securities waive any past default or Event of Default described in Section 4.01 hereunder and its consequences, except a default (a) in the payment of principal or Change of Control purchase price of, premium, if any, or interest on any of the Securities or (b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such the Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (NRG Energy Inc), Indenture (NRG Energy Inc)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Transition Bonds of a Series or Tranche affected as provided in Section 4.015.02, the Holders holders of a majority in aggregate principal amount of the Securities Outstanding Amount of all series at Transition Bonds of such Series or Tranche affected thereby, by written notice to the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Trustee, may on behalf of the Holders of all such Securities waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (i) in payment of Principal of or premium, if any, or Interest on any of the Transition Bonds or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Transition Bond of such Series or Tranche affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities the Transition Bonds shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Transition Property Servicing Agreement (CenterPoint Energy Transition Bond CO II, LLC), Sale Agreement (CenterPoint Energy Transition Bond CO II, LLC)

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Notes of any Securities series as provided in Section 4.016.01, the Holders of a majority in aggregate principal amount of the Securities Notes of all such series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all the Notes of such Securities series waive any past default or Event in the performance of Default described in Section 4.01 any of the covenants contained herein with respect to such series and its consequences, except a an uncured default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of each Security affected(or premium, if any), or interest on, any of the Notes of that series as and when the same shall become due by the terms of such Notes. In the case of any such waiver, the IssuerCompany, the Parent Guarantor, and Subsidiary Guarantor, the Trustee and the Holders of all the Notes of such Securities series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Magallanes, Inc., Warner Bros. Discovery, Inc.

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.014.1, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 4.1 and its consequences, except a default (1) in the payment of the principal of or any premium or interest on any Security of such series, or (2) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Illinois Power Co), Illinova Corp

Waiver of Past Defaults. Prior Subject to the acceleration of the maturity of any Securities as provided in Section 4.01Sections 6.02, 6.07 and 9.02, the Holders of at least a majority in aggregate principal amount of the Securities of outstanding Securities, by written notice to the Issuer and to the Trustee, may waive all series at the time Outstanding with respect to which an Event past Defaults and Events of Default shall have occurred and be continuing rescind and annul a declaration of acceleration (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequences, except a default Default in the payment of principal of, premium, if any, or interest on any Security as specified in clause (a) or (b) of Section 6.01 or in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder holder of each outstanding Security affected. In ) if (i) all existing Events of Default, other than the case nonpayment of principal of, premium, if any, or interest on the Securities that have become due solely by such declaration of acceleration, have been cured or waived and (ii) the rescission would not conflict with any such waiver, the Issuer, the Guarantor, the Trustee and the Holders judgment or decree of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereona court of competent jurisdiction. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: GST Equipment (GST Telecommunications Inc), GST Telecommunications Inc

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Rate Stabilization Bonds of all Series as provided in Section 4.015.02, the Holders of representing not less than a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf Amount of the Holders Rate Stabilization Bonds of all such Securities an affected Series or Tranche may waive any past default Default or Event of Default described in Section 4.01 and its consequences, consequences except a default Default (a) in payment of principal of or premium, if any, or interest on any of the Rate Stabilization Bonds or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security Rate Stabilization Bond of all Series or Tranches affected. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereonthereto. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, cured and not to have occurred occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Indenture (RSB Bondco LLC), Indenture (RSB Bondco LLC)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in aggregate principal amount number of the Securities Warrants of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 ‎‎Section 5.01 and its consequences, consequences except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Agent Agreement (JPMorgan Chase Financial Co. LLC), JPMorgan Chase Financial Co. LLC

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of any Securities the Bonds as provided in Section 4.015.02 hereof, the Holders of Bonds representing not less than a majority in aggregate principal amount of the Securities aggregate Bond Principal Balance of all series at the time Outstanding with respect to which Bonds may waive any past Event of Default and its consequences except an Event of Default shall have occurred and be continuing (voting as a single classa) may with respect to payment of principal of or interest on behalf any of the Holders of all such Securities waive any past default or Event of Default described in Section 4.01 and its consequencesBonds, except a default (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affectedBond or (c) the waiver of which would materially and adversely affect the interests of the Bond Insurer or modify its obligation under the Bond Insurance Policy. In the case of any such waiver, the Issuer, the Guarantor, the Indenture Trustee and the Holders of all such Securities the Bonds shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereonthereto. Upon any such waiver, such default any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 thereonthereto.

Appears in 2 contracts

Samples: Indenture (Imh Assets Corp), Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in ----------------------- aggregate principal amount of the Outstanding Securities of all a series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may affected thereby may, on behalf of the Holders of all the Securities of such Securities series, waive any past default or Event of Default described in Section 4.01 and its consequencesdefault, except a default in the payment of principal of or interest (including any Additional Interest) (unless such default has been cured and a sum sufficient to pay all overdue installments of interest and principal due otherwise than by acceleration has been deposited with the Trustee) on any Security of such series or a default in respect of a covenant or provision hereof which that, under Article IX, cannot be modified or amended without the consent of the Holder of each outstanding Security affected. In of such series and, in the case of any such waiverSecurities of a series issued to a Commonwealth Bankshares Capital Trust, the Issuer, the Guarantor, the Trustee and should the Holders of all such Securities fail to annul such declaration and waive such default, the holders of a majority in aggregate Liquidation Amount of the related series of Capital Securities shall be restored to their former positions and rights hereunder, respectively; but no have such waiver shall extend to any subsequent or other default or impair any right consequent thereonright. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc

Waiver of Past Defaults. Prior to the declaration of the acceleration of the maturity of the Securities of any Securities as provided in Section 4.01, particular series the Holders holders of not less than a majority in aggregate principal amount of the Securities of all such particular series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders holders of all the Securities of such Securities particular series waive any past default or Event of Default described in Section 4.01 with respect to such particular series and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder holder of each Outstanding Security affectedaffected as provided in Section 7.2 hereof. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders holders of all such the Securities of each series affected shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (Textron Financial Canada Funding Corp), Textron Financial Canada Funding Corp

Waiver of Past Defaults. Prior to the acceleration declaration of the maturity of any the Securities as provided in Section 4.014.1 hereof, the Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such the Securities waive any past default or Event of Default described in Section 4.01 hereunder and its consequences, except a default (a) in the payment of principal or Change of Control purchase price of, premium, if any, or interest on any of the Securities or (b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such the Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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 (NRG Energy Inc), Indenture (NRG Energy Inc)

Waiver of Past Defaults. Prior to the acceleration of the maturity of any Securities as provided in Section 4.01, the The Holders of a majority in of the aggregate principal amount of the Securities then Outstanding (or, in the case of all series at the time Outstanding with respect failure by the Company to which an Event make a Change of Default shall have occurred and be continuing (voting as a single class) may on behalf Control Offer pursuant to Section 1014 hereof, two-thirds of the Holders of all such the aggregate principal amount of the Securities then Outstanding), by notice to the Trustee, may waive any past default an existing Default or Event of Default described in Section 4.01 and its consequences, except a default in respect of (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on any Security held by a non-consenting Holder, or (ii) a covenant or provision hereof which under Article Nine, cannot be modified or amended without the consent of the Holder of each Security affected. In the case then Outstanding, or (iii) any continuing Default or Event of Default in respect of any such waivermatter involving the release of Collateral (not otherwise permitted by terms of the Indenture Documents), which shall not be waived without the Issuer, consent of the Guarantor, the Trustee and the Holders Holder of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereoneach then Outstanding Security. Upon any such waiver, such default Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred cured for every purpose of this Indenture; but provided, however, that no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Security Agreement (Pioneer Companies Inc), Pioneer Companies Inc

Waiver of Past Defaults. Prior to the declaration of acceleration of the maturity Maturity of any Subordinated Securities as provided in Section 4.015.2, the Holders of a majority in aggregate principal amount of the Subordinated Securities of all such series (each series voting as a separate class) at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Subordinated Securities waive any past default or Event of Default described in Section 4.01 5.1 and its consequences, except a default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Subordinated Security affected. In the case of any such waiver, the Issuer, the GuarantorCompany, the Trustee and the Holders of all such Subordinated Securities shall be restored to their former positions and rights hereunder, respectively, and such default shall cease to exist and be deemed to have been cured and not to have occurred for purposes of this Subordinated Indenture; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Subordinated Indenture (Quadramed Corp), Healthsouth Corp

Waiver of Past Defaults. Prior Subject to the acceleration prior written consent of the maturity of any Securities as provided in Section 4.01Bond Insurer, the Holders Registered Owners of not less than a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Event of Default shall have occurred and be continuing (voting as a single class) Bonds may on behalf of the Holders Registered Owners of all such Securities the Bonds (by written notice thereof to the Issuer and the Trustee) waive any past default or Event of Default described in Section 4.01 hereunder and its consequences, except a default (1) in the payment of the principal of, redemption premium, if any, or interest on, any Bond unless prior to such waiver or rescission, all arrears of principal or interest, or both, as the case may be, and all expenses of the Trustee, in connection with such default shall have been paid or provided for; or (2) in respect of a covenant or provision hereof which under Article IX cannot be modified or amended without the consent of the Holder Registered Owner of each Security affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereonOutstanding Bond. Upon any such waiver, such default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured, and not to have occurred 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: Trust Indenture (York Water Co), Trust Indenture (York Water Co)

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