Common use of Waiver of Past Defaults Clause in Contracts

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 13 contracts

Samples: Indenture (Aramark), Indenture (Aramark), Indenture (Laureate Education, Inc.)

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Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, Additional Amounts, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 10 contracts

Samples: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD), Db Trustees (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the The Holders of a majority in aggregate principal amount of the then outstanding Notes may by written notice to the Trustee may, on behalf of all Holders, rescind an acceleration or waive any existing Default or Event of Default and its consequencesconsequences under this Indenture, including if the rescission would not conflict with any related judgment or decree, except a continuing Default or Event of Default in the payment default that resulted from such accelerationof principal of, premium on, if any, or interest on, the Notes. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Event of Default or impair any right consequent thereon.

Appears in 10 contracts

Samples: Indenture (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of the Notes such Series waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or and interest on, any Note held by a non-consenting Holder on the Securities of such Series (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 8 contracts

Samples: Equinix Europe (Equinix Europe 2 Financing Corp LLC), Indenture (SMART Global Holdings, Inc.), Indenture (Tetralogic Pharmaceuticals Corp)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and/or interest (including Additional Interest, if any, or interest ) on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 8 contracts

Samples: Indenture (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Partners Lp), Supplemental Indenture (Atlas Pipeline Partners Lp)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, or interest or Additional Interest, if any, on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offerto Purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 8 contracts

Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Supplemental Indenture (CyrusOne Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, of or premium or interest on, any Note held by a non-consenting Holder on the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, provided that the Holders of at least a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration), and (ii) a default with respect to a provision that under Section 9.02 hereof cannot be amended without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 8 contracts

Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes of any Series then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes of such Series waive any existing Default or Event of Default and its consequences hereunder, under this Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder such Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes of any Series may rescind an acceleration of such Notes and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default or Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Appears in 6 contracts

Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Trinity Place Holdings Inc.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may may, on behalf of the Holders of all of the Notes Holders, waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the interest on or principal of, premium, if any, or interest on, any Note held by a non-consenting Holder such Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 6 contracts

Samples: Indenture (Vistra Corp.), Vistra Corp., Vistra Corp.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Securities of a series by notice to the Trustee may on behalf of the Holders of all of the Notes Securities of such series waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Securities of that series (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities of a series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 6 contracts

Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Omnicare Inc), Lifepoint Health, Inc.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, Additional Interest, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 6 contracts

Samples: Indenture (Aramark), Indenture (Aramark), Indenture (Avago Technologies LTD)

Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if anypremium on, or interest on, any Note held by a non-consenting Holder on the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, however, that, subject to Section 6.02 hereof6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 6 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may may, by written notice to the Trustee, rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 6 contracts

Samples: Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then then-outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium or interest and Special Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 5 contracts

Samples: Indenture (Tesoro Logistics Lp), Indenture (Tesoro Logistics Lp), Indenture (Tesoro Corp /New/)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Debentures by notice to the Trustee may on behalf of the Holders of all of the Notes Debentures waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on, any Note held by a non-consenting Holder the Debentures (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes Debentures may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 5 contracts

Samples: Execution (Aki Inc), Crown Castle International Corp, Grove Holdings Capital Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with a redemption or an Asset Sale Offer or a Change offer to purchase right of Control OfferHolders pursuant to Article 3); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default Payment Default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 5 contracts

Samples: Indenture (Vantage Drilling International), Indenture (Vantage International Management Pte Ltd.), Intercreditor Agreement (Vantage Drilling CO)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the The Holders of a majority in aggregate principal amount of the then then-outstanding Notes may may, by written notice to the Trustee and on behalf of the Holders of all of the Notes, waive, rescind or cancel any declaration of an acceleration existing or past Default or Event of Default and its consequencesconsequences under this Indenture if such waiver, including rescission or cancellation would not conflict with any related judgment or decree of a court of competent jurisdiction, except a continuing Default or Event of Default in the payment default of interest on, or the principal of, the Notes (other than such nonpayment of principal or interest that resulted from has become due as a result of such acceleration). Upon any such waiver, rescission or cancellation, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 5 contracts

Samples: Indenture (Maxar Technologies Inc.), Supplemental Indenture (Viasat Inc), Supplemental Indenture (Maxar Technologies Inc.)

Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if anypremium and Additional Interest on, or interest on, any Note held by a non-consenting Holder on the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, however, that, subject to Section 6.02 hereof6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 4 contracts

Samples: Supplemental Indenture (Cinemark Holdings, Inc.), Supplemental Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal or Aggregate Accreted Principal Amount of, premium, if any, premium or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default Payment Default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 4 contracts

Samples: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunderunder this Indenture, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, or interest interest, if any, on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 4 contracts

Samples: Intercreditor Agreement (APi Group Corp), Indenture (APi Group Corp), Indenture (Element Solutions Inc)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee (with a copy to the Company; provided that any waiver or rescission under this Section 6.04 shall be valid and binding notwithstanding the failure to provide a copy of such notice to the Company) may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may and rescind an any acceleration and its consequences, including ; provided that such rescission would not conflict with any related payment default that resulted from such accelerationjudgment of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 4 contracts

Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)

Waiver of Past Defaults. Subject to Section 6.07 hereof, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, interest or interest Liquidated Damages, if any, on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer)Holder; provided, subject to Section 6.02 hereofhowever, that the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 4 contracts

Samples: Indenture (Vail Resorts Inc), Indenture (GHTV Inc), Village at Breckenridge Acquisition Corp Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 4 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Newmarket Corp)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Notes by notice to the Trustee may may, on behalf of the Holders of all of the Notes Notes, waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 4 contracts

Samples: Indenture (Horizon PCS Inc), Planet Hollywood International Inc, Ipcs Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Securities of any series by notice to the Trustee may on behalf of the Holders of all of the Notes Securities of such series waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, premium or interest on, any Note held by a non-consenting Holder the Securities (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities of such series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Amkor Technology Inc, Amkor Technology Inc, Amkor International Holdings, LLC

Waiver of Past Defaults. The Holders of not less than at least a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes Notes, waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, or interest interest, if any, on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of at least a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequencesconsequences pursuant to Section 6.02, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Unisys Corp, Unisys Corp, Unisys Corp

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Notes by notice to of the Trustee may Controlling Series may, on behalf of the Holders of all of the Notes Notes, waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, interest on or other payment in respect of any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer)Holder; providedprovided that, subject to Section 6.02 hereof6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes of the Controlling Series may rescind an any acceleration and its consequences, consequences including any related payment default Default that resulted result from such acceleration. Upon any such waiverWhen a Default is waived, such Default it is deemed cured and shall cease to existexist and the Issuer, the Trustee and any Event of Default arising therefrom the Holders shall be deemed restored to have been cured for every purpose of their former positions and rights under this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonright.

Appears in 3 contracts

Samples: Supplemental Indenture (Capmark Affordable Properties LLC), Indenture (Capmark Financial Group Inc.), www.bluestem.com

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunderhereunder (including rescinding any acceleration of the payment of the Notes), except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: BRP (Luxembourg) 4 S.a.r.l., Dominos Inc, Dominos Pizza Government Services Division Inc

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder or interest, if any, on, the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration, as provided in Section 6.02. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Supplemental Indenture (Callon Petroleum Co), Supplemental Indenture (Callon Petroleum Co), Intercreditor Agreement (Callon Petroleum Co)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes of either series by notice to the Trustee may on behalf of the Holders of all of the Notes of such series waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on, any Note held by a non-consenting Holder the Notes of such series (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes of such series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Corp.)

Waiver of Past Defaults. (a) The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunderunder this Indenture, except a continuing Default in the payment of the principal ofinterest on, premium, if any, or interest on, the principal of any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, that subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Indenture (Viasat Inc), Intercreditor Agreement, Intercreditor Agreement

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder or interest, if any, on, the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default Payment Default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Indenture (Oasis Petroleum Inc.), Supplemental Indenture (Extraction Oil & Gas, Inc.), Supplemental Indenture (Extraction Oil & Gas, Inc.)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, on, or interest and Special Interest, if any, on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration, as provided in Section 6.02. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Supplemental Indenture (Callon Petroleum Co), Indenture (RSP Permian, Inc.), Supplemental Indenture (Callon Petroleum Co)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on, any Note held by a non-consenting Holder on the Notes (including any waiver obtained in connection with an Asset Sale Offer a purchase of, tender offer or a Change of Control Offer); providedexchange offer for Notes)(provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Senior Subordinated Note Purchase Agreement (Transtechnology Corp), Impac Group Inc /De/, Sycamore Park Convalescent Hospital

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes of a Series by written notice to the Trustee may may, on behalf of the Holders of all of the Notes of such Series waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes of such Series (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes of such Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this the Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Indenture (Ames Department Stores Inc), Indenture (L 3 Communications Holdings Inc), Indenture (Ames Department Stores Inc)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereofSections 6.02, 6.07 and 9.02, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes of any series by notice to the Trustee may on behalf of the Holders of all of the Notes of such series waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or premium and interest on, any Note held by a non-consenting Holder on the Notes of such series (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes of a series may rescind an acceleration with respect to such series and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Supplemental Indenture (Delphi Automotive PLC), Lear Corp

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, or compliance with any provision of this Indenture except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Execution Copy (M & F Worldwide Corp), Execution Copy (M & F Worldwide Corp)

Waiver of Past Defaults. Subject to Section 6.07 hereof, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer)Holder; provided, subject to Section 6.02 hereofhowever, that the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Playa Hotels & Resorts N.V., Playa Hotels & Resorts B.V.

Waiver of Past Defaults. Subject to Section 6.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Covenants (360networks Inc), 360networks Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes so accelerated in accordance with Section 6.02 by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Supplemental Indenture (DRS Technologies Inc), Supplemental Indenture (DRS Technologies Inc)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunderunder this Indenture (including in connection with an Asset Sale Offer or a Change of Control Offer), except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); providedHolder, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes and may rescind an any acceleration and its consequencesconsequences with respect to the Notes, including any related payment default that resulted from such acceleration; provided such rescission would not conflict with any judgment of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Avantor, Inc.), Supplemental Indenture (Avantor, Inc.)

Waiver of Past Defaults. Subject to Section 6.02 hereof, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Notes, by written notice to the Trustee Trustee, may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, hereunder (except a continuing Default in the payment of the principal ofinterest on, premium, if any, or interest on, the principal of any Note held by a non-consenting Holder Holder) (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject ) and rescind any acceleration with respect to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including except if such rescission would conflict with any related payment default that resulted from such accelerationjudgment of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Michaels Companies, Inc.), Indenture (Michaels Companies, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may may, on behalf of the Holders of all of the Notes Notes, waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Johnstone Tank Trucking Ltd.), Indenture (Johnstone Tank Trucking Ltd.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on, any Note held by a non-consenting Holder the Notes (including excluding in connection with an Asset Sale Offer or a Change of Control OfferOffer or an offer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Ventas Inc, Ventas Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, Special Interest, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium or Additional Interest, if any, or interest on, any Note held by a non-consenting Holder (the Notes including in connection with an Asset Sale Offer or a Change of Control Offer)offer to purchase; provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), L 3 Communications Holdings Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium or Additional Amounts, if any, or interest on, any Note held by a non-consenting Holder (the Notes including in connection with an Asset Sale Offer or a Change of Control Offer)offer to purchase; provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Microdyne Corp), Indenture (Eer Systems Inc)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee and the Company may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium or Special Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer offer to purchase made pursuant to Section 4.10, 4.15 or a Change of Control Offer4.16); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default Payment Default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Alon Refining Krotz (Alon Refining Krotz Springs, Inc.), Alon Refining Krotz (Alon USA Energy, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes of a series by written notice to the Trustee may and the Collateral Agent may, on behalf of the Holders of all of the Notes of such series, waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change interest, if any, on, the Notes of Control Offer)such series; provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes of such series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest or Additional Interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Sba Communications Corp), Sba Communications Corp

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including excluding in connection with an Asset Sale Offer or a Change of Control OfferOffer or an offer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Ventas Inc), Ventas Inc

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, or interest interest, if any, on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or Offer, a Change of Control Offer, or an Event of Loss Offer); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

Waiver of Past Defaults. Subject to Sections 2.09 and 9.02, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default, and its consequences hereunderconsequences, except (other than as provided in Section 6.02(c)) a continuing Default default in the payment of the principal of, of or premium, if any, or interest on, on any Note held by a non-consenting Holder (including Notes or in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders respect of a majority in aggregate principal amount covenant or provision which under this Indenture cannot be modified or amended without the consent of the Holder of each Note then outstanding Notes may rescind an acceleration outstanding. When a Default or Event of Default is waived, it is cured and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease ceases to existexist and is 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; , the Notes, the Intercreditor Agreement and the Collateral Agreements, 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: McLeodusa Inc, McLeodUSA Holdings Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, of and premium, if any, or and interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a the Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Indenture (Petco Holdings Inc), Indenture (Petco Holdings Inc)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount at maturity of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal Accreted Value of, or premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Xm Satellite Radio Holdings Inc, Xm Satellite Radio Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then then-outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof6.02, that the Holders of a majority in aggregate principal amount of the then then-outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Alta Equipment Group Inc.), Indenture (Alta Equipment Group Inc.)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, under this Indenture except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest oninterest, any Note held by a non-consenting Holder on the Notes or the Guarantees (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted solely from such acceleration). Upon any such waiverwaiver granted or deemed granted in accordance with the terms hereof, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured and waived for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Supplemental Indenture (Red Rock Resorts, Inc.), Management Agreement (Station Casinos LLC)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, of or premium or interest on, any Note held by a non-consenting Holder on the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, provided that the Holders of at least a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) and (ii) a default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Amf Bowling Worldwide Inc), Amf Bowling Worldwide Inc

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee with a copy to the Issuer may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (West Corp), Indenture (West Corp)

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Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to affect any subsequent or other Default or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Indenture (Nationstar Sub1 LLC), Indenture (Nationstar Sub2 LLC)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunderunder this Indenture and the Security Documents (including in connection with an Asset Sale Offer or a Change of Control Offer), except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); providedHolder, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes and may rescind an any acceleration and its consequencesconsequences with respect to the Notes, including any related payment default that resulted from such acceleration; provided such rescission would not conflict with any judgment of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Avantor, Inc.), Supplemental Indenture (Avantor, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount at maturity of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Crown Castle International Corp, Crown Castle International Corp

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, under this Indenture except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder on the Notes or the Guarantees (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted solely from such acceleration). Upon any such waiverwaiver granted or deemed granted in accordance with the terms hereof, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured and waived for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest Interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Pledge Agreement (Windsor Woodmont Black Hawk Resort Corp), Indenture (Riviera Black Hawk Inc)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes Notes, waive any existing past Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premiumpremium on, if any, interest or interest Additional Amounts, if any, on, any Note held by a non-consenting Holder (including which may be waived only as provided in connection with an Asset Sale Offer or a Change of Control OfferSection 9.02 hereof); provided, subject to Section 6.02 hereof, provided that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Allwyn Entertainment AG), Allwyn Entertainment Financing (Allwyn Entertainment AG)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may may, on behalf of the Holders of all of the Notes Notes, waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationacceleration in accordance with Section 6.02. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Residential Capital, LLC), Residential Capital, LLC

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Special Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Repurchase Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Ainsworth Lumber Co LTD), Indenture (Ainsworth Lumber Co LTD)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Parker Drilling Co /De/), Parker Drilling Co /De/

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumor premium or interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including a payment default in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject ) other than non-payment resulting from a declaration of acceleration pursuant to Section 6.02 hereof, hereof that the Holders of a majority has been rescinded in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationaccordance with this Article Six. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Supplemental Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationacceleration pursuant to Section 6.02). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Parker Drilling Co /De/), Parker Drilling Co /De/

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, any or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Concrete Pumping Holdings, Inc.), Indenture (Nesco Holdings, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium or Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Mobile Storage Group Inc), Supplemental Indenture (Local Insight Yellow Pages, Inc.)

Waiver of Past Defaults. (a) Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, or compliance with any provision of this Indenture except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Harland Clarke Holdings Corp, Harland Clarke Holdings Corp

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then then-outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or premium and interest on, any Note held by a non-consenting Holder on the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then then-outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationacceleration in accordance with Section 6.02 hereof). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Brookfield Property REIT Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer offer to purchase) or a Change an Event of Control Offer)Default under clause (10) of Section 6.01; provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Supplemental Indenture (Polaner Inc)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunderunder this Indenture, except a continuing Default in the payment of the principal ofinterest on, premium, if any, or interest on, the principal of any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control OfferOffer when due); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Constant Contact, Inc.)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunderunder this Indenture, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that Purchase); and the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationas provided in Section 6.02. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.. 105

Appears in 1 contract

Samples: Indenture (RLJ Lodging Trust)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunderunder this Indenture, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that Purchase); and the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationas provided in Section 6.02. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (RLJ Lodging Trust)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount at maturity of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium or Special Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Crown Castle International Corp

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Amounts, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (L 3 Communications Corp)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer)Holder; provided, subject to Section 6.02 hereof6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Community Choice Financial Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may may, on behalf of the Holders of all of the Notes Notes, rescind an acceleration, waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumor premium and Additional Interest, if any, or and interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Interhealth Facility Transport, Inc.)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer offer to purchase), if there has been deposited with the Trustee a sum sufficient to pay all sums paid or a Change of Control Offer); providedadvanced by the Trustee hereunder and the reasonable compensation, subject to Section 6.02 hereofexpenses, that the Holders of a majority in aggregate principal amount disbursements and advances of the then outstanding Notes may rescind an acceleration Trustee, its agents and its consequences, including any related payment default that resulted from such accelerationcounsel. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Pattern Energy Group Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, premium or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Toys R Us Inc)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, interest or interest Special Interest, if any, on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default Payment Default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Energy Partners LTD)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind and cancel an acceleration with respect to the Notes and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonthereto.

Appears in 1 contract

Samples: Indenture (Michaels Stores Inc)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount at maturity of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunderunder this Indenture, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Special Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Simmons Co

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, on or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Entravision Communications Corp)

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, interest or interest Special Interest, if any, on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default Default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Hillman Companies Inc)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, or premium, interest or Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including a payment default in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject ) other than non-payment resulting from a declaration of acceleration pursuant to Section 6.02 hereof, hereof that the Holders of a majority has been rescinded in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationaccordance with this Article Six. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Compton Petroleum Holdings CORP

Waiver of Past Defaults. (a) Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, or compliance with any provision of this Indenture except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Harland Financial Solutions, Inc.)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes of a particular series by notice to the Trustee may may, on behalf of the Holders of all of the Notes of such series, waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, premium or interest on, any Note held by a non-consenting Holder the Notes of the applicable series (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes of the applicable series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Suburban Propane Partners Lp)

Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if anypremium and Additional Interest on, or interest on, any Note held by a non-consenting Holder on the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, however, that subject to Section 6.02 hereof6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Sba Communications Corp)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the 56 63 payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on, any Note held by a non-consenting Holder the Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); offer to purchase) (provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Wci Communities Inc

Waiver of Past Defaults. Subject to Section 6.7 hereof, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Debentures by notice to the Trustee may on behalf of the Holders of all of the Notes Debentures waive any an existing Default or Event of Default and its consequences hereunder, except a continuing (i) an existing Default or Event of Default in the payment of the principal of, premium, if any, on, or interest and Liquidated Damages, if any, on, any Note held by a non-consenting Holder the Debentures (including in connection with an Asset Sale Offer offer to purchase) or a Change (ii) an existing Default or Event of Control Offer); provided, subject to Section 6.02 hereof, that the Holders Default in respect of a majority in aggregate principal amount provision that under Section 10.2 cannot be amended without the consent of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationeach Holder affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (R&b Falcon Corp)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumor premium or interest, if any, or interest on, any Note held by a non-consenting Holder the Notes (including a payment default in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject ) other than non-payment resulting from a declaration of acceleration pursuant to Section 6.02 hereof, 7.02 hereof that the Holders of a majority has been rescinded in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationaccordance with this Article Seven. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Compton Petroleum Holdings CORP)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal of, premiumpremium and Additional Amounts, if any, or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture (Aramark)

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal ofinterest, premiumLiquidated Damages, if any, or interest Additional Amounts, if any, on, any Note held by a non-consenting Holder or principal of, the Notes (including in connection with an Asset Sale Offer or a Change of Control Offeroffer to purchase); provided, subject to Section 6.02 hereofhowever, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Danka Business Systems PLC

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