Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 27 contracts
Samples: Indenture (Graftech International LTD), Indenture (TRW Automotive Inc), Tia Indenture (TRW Automotive Inc)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 21 contracts
Samples: Dollar Securities Indenture (Gutbusters Pty LTD), Indenture (Cb Richard Ellis Services Inc), Credit Agreement (Winstar Communications Inc)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, Security (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 18 contracts
Samples: Supplemental Indenture (ARKO Corp.), Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 14 contracts
Samples: Supplemental Indenture (Alcoa Corp), Indenture (MSCI Inc.), Indenture (MSCI Inc.)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 14 contracts
Samples: Supplemental Indenture (Shaw Group Inc), Indenture (Brand Services), Indenture (Brand Services)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by written notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 10 contracts
Samples: Indenture (NCR Atleos, LLC), Indenture (NCR Corp), Indenture (NCR Corp)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 8 contracts
Samples: Indenture (Wire Harness Industries Inc), Indenture (International Wire Group Inc), Indenture (Viasystems Inc)
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an any past or existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 7 contracts
Samples: Supplemental Indenture (MSX International Business Services Inc), Hollywood Entertainment Corp, Oxford Automotive Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 7 contracts
Samples: Indenture (Petroquest Energy Inc), Indenture (PetroQuest Energy, L.L.C.), Indenture (Murphy USA Inc.)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes by notice to the Trustee Trustees may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 7 contracts
Samples: Supplemental Indenture (Open Text Corp), Indenture (Open Text Corp), Supplemental Indenture (Open Text Corp)
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may waive an any past or existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture Note or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 6 contracts
Samples: Indenture (Koppers Holdings Inc.), Indenture (Terra Industries Inc), Terra Investment Fund LLC
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount at maturity of the Securities Notes then outstanding by notice to the Trustee may waive an any past or existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture Note or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Noteholder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 6 contracts
Samples: Indenture (United States Steel Corp), Indenture (Spectrasite Holdings Inc), Indenture (Usx Corp)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, Security (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 5 contracts
Samples: New Home Co Inc., Intercreditor Agreement (Rotech Healthcare Inc), Intercreditor Agreement (Rotech Healthcare Inc)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal (other than principal due by reason of acceleration) of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended or waived without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 5 contracts
Samples: Hgu Investments Inc, Tia Indenture (Pawnmart Inc), Tia Indenture (Pawnmart Inc)
Waiver of Past Defaults. The Subject to Section 6.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the a failure to redeem make or purchase any Security when required pursuant to consummate a Change of Control Offer in accordance with the terms provisions of this Indenture Section 4.11, or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 5 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Joinder Agreement (SFX Entertainment, INC), Indenture (Amc Entertainment Inc)
Waiver of Past Defaults. The Holders of a majority in outstanding principal amount of the Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 5 contracts
Samples: Indenture (Aurora Foods Inc /Md/), Management Services Agreement (Windy Hill Pet Food Co Inc), Indenture (Aurora Foods Inc /De/)
Waiver of Past Defaults. The Subject to Section 7.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee Trustee, the Company and the Guarantor may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, Security or (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 10.02 hereof cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 5 contracts
Samples: Indenture (Cencosud S.A.), Indenture (Cencosud S.A.), Indenture (Cencosud S.A.)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes by written notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 11.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 4 contracts
Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)
Waiver of Past Defaults. The Subject to Section 6.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (bii) a Default arising from the a failure to redeem make or purchase any Security when required pursuant to consummate a Change of Control Offer in accordance with the terms provisions of this Indenture Section 4.10, or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 4 contracts
Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc), Merger Agreement (Amc Entertainment Inc)
Waiver of Past Defaults. The Subject to Section 6.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the a failure to redeem make or purchase any Security when required pursuant to consummate a Change of Control Offer in accordance with the terms provisions of this Indenture Section 4.12, or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 4 contracts
Samples: Intercreditor Agreement (National CineMedia, LLC), National CineMedia, LLC, Intercreditor Agreement (National CineMedia, LLC)
Waiver of Past Defaults. The Holders of a majority in ----------------------- principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 4 contracts
Samples: Indenture (Fs Equity Partners Iii Lp), Cbre Holding Inc, Morrison Knudsen Corp//
Waiver of Past Defaults. The Holders of a majority in principal amount of the outstanding Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of of, premium, if any, or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 4 contracts
Samples: Indenture (H R Window Supply Inc), Atlas Air Inc, Atlas Air Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Koll Donald M, Cb Richard Ellis Services Inc, Cb Richard Ellis Services Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Especialty Brands LLC, Mothers Work Inc, Indenture (Wolverine Tube Inc)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Debentures by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture Debenture or (cii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Debentureholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Indenture (Petroleum Heat & Power Co Inc), Indenture (Petroleum Heat & Power Co Inc), Petroleum Heat & Power Co Inc
Waiver of Past Defaults. The Holders of a majority in principal amount at maturity of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Indenture (Millenium Seacarriers Inc), Indenture (Winstar Communications Inc), Indenture (Mediq Inc)
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an any past or existing Default and its consequences except (ai) a Default in the payment of the principal Principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Usani LLC, Mettler Toledo International Inc/, Ticketmaster Corp /Il/
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Peninsula Cellular Services Inc, Peninsula Cellular Services Inc, Splitrock Services Inc
Waiver of Past Defaults. The Subject to Section 6.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the a failure to redeem make or purchase any Security when required pursuant to consummate a Change of Control Offer in accordance with the terms provisions of this Indenture Section 4.10, or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Indenture (Amc Entertainment Inc), Employment Agreement (Amc Entertainment Inc), Employment Agreement (Marquee Holdings Inc.)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Note (bii) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Indenture (Wolverine Tube Inc), Indenture (Wt Holding Company, Inc), Indenture (Wolverine Tube Inc)
Waiver of Past Defaults. The Holders of at least a majority in principal amount of the then outstanding Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (a) a Default or Event of Default in the payment of the principal of or premium, if any, and interest on a Security, any Security or (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 hereof cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 3 contracts
Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 10.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Phillips Van Heusen Corp /De/), Phillips Van Heusen Corp /De/
Waiver of Past Defaults. The Holders of a majority in ----------------------- aggregate principal amount of the Securities at the time outstanding, by notice to the Trustee (and without notice to any other Holder), may waive an existing Default or Event of Default and its consequences except (a) a an Event of Default described in the payment of the principal of Section 6.01(l), or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed curedcured and shall cease to exist, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Mark Iv Industries Inc, Mark Iv Industries Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Jones Group Inc, JAG FOOTWEAR, ACCESSORIES & RETAIL Corp
Waiver of Past Defaults. The Holders of a majority in principal amount of the Of A Majority In Principal Amount Of A Series Of Securities by notice to the By Notice To The Trustee may waive an existing May Waive An Existing Default and its consequences except And Its Consequences With Respect To Such Series, Except (a) a A Default in the payment of the principal of In The Payment Of The Principal Of Or Interest On Any Security Of Such Series or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 8.2 cannot be amended without the consent of each Holder affectedaffected Securityholder of such Series. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Calpine Capital Trust Iv), Indenture (Calpine Canada Energy Finance Ulc)
Waiver of Past Defaults. The Holders of a majority in principal amount at Maturity of the Securities Notes by written notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 13.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc)
Waiver of Past Defaults. The Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding, by notice to the Company and the Trustee (and without notice to any other Holder), may waive an existing Default or Event of Default and its consequences except (ai) a an Event of Default described in the payment of the principal of or interest on a SecuritySection 6.01(a) hereof, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (cii) a Default in respect of a provision that under Section 9.02 hereof cannot be amended without the consent of each Holder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Austin Funding Com Corp), Austin Funding Com Corp
Waiver of Past Defaults. The Holders of a majority ----------------------- in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Blum Capital Partners Lp, Fs Equity Partners Iii Lp
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes of a Series by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote of such Series, (b) a Default arising from the failure to redeem or purchase any Security Note of such Series when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Alcoa Upstream Corp), Indenture (Alcoa Inc.)
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (bii) a Default arising from the a failure to redeem make or purchase any Security when required pursuant to consummate a Change of Control Offer in accordance with the terms provisions of this Indenture Section 4.09, or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Amc Entertainment Inc), Amc Entertainment Inc
Waiver of Past Defaults. The Holders of a majority in principal amount at maturity of the outstanding Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal Accreted Value of or interest on a Security, (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Buffets Holdings, Inc., Buffets Holdings, Inc.
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by written notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it any Event of Default arising therefrom is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 2 contracts
Samples: Supplemental Indenture (Greif Inc), Indenture (Beacon Roofing Supply Inc)
Waiver of Past Defaults. The Holders of not less than a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding, by notice to the Trustee (and without notice to any other Securityholder), may waive an existing Default and its consequences except (a) a an Event of Default described in the payment of the principal of or interest on a SecuritySection 6.01(a), (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affectedSecurityholder affected or (c) a Default under Article 10. When a Default is waived, it is deemed curedcured and shall cease to exist, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities all outstanding series of Securities, voting as a single class, by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of of, premium, if any, or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Comforce Corp), Comforce Corp
Waiver of Past Defaults. The Holders of a majority in ------------------------ principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of amount of, or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co
Waiver of Past Defaults. The Holders of a majority in ----------------------- principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Derby Cycle Corp, Ace LTD
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a SecurityNote, (bii) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Noteholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Loral Space & Communications Inc.), Loral Orion Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest or Additional Interest, if any, on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Petroquest Energy Inc), Indenture (Petroquest Energy Inc)
Waiver of Past Defaults. The Holders of a majority in outstanding principal amount of the Securities Securities, by notice to the Trustee Trustee, may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 7.2 cannot be amended without the consent of each Holder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 2 contracts
Samples: Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc)
Waiver of Past Defaults. The Holders of a majority in principal amount at Stated Maturity of the Securities then outstanding by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (cii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Supplemental Indenture (Grey Wolf Inc), Di Industries Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an 61 EXHIBIT 4.1 existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Aqua Chem Inc), Indenture (Aqua Chem Inc)
Waiver of Past Defaults. The Subject to Section 6.02, the Holders of a majority in aggregate principal amount of the outstanding Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Associated Materials, LLC), Purchase Agreement (Amh Holdings, LLC)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Supplemental Indenture (Healthsouth Corp), Healthsouth Corp
Waiver of Past Defaults. The Holders of a majority in ------------------------ principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 2 contracts
Samples: Indenture (Commercial Aggregates Transportation & Sales LLC), Article 9 (Kansas City Southern Industries Inc)
Waiver of Past Defaults. The Subject to Section 9.02(c), the Holders of at least a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (U.S. Concrete, Inc.)
Waiver of Past Defaults. The Holders of a ----------------------- majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 10.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Kansas City Southern Industries Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the outstanding Securities by notice to the Trustee may waive an existing Default and its consequences except (a1) a Default in the payment of the principal of or interest on a Security, (b2) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c3) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Travelcenters Realty Inc
Waiver of Past Defaults. The Holders of a majority ----------------------- in principal amount of the outstanding Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Armkel LLC
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 8.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Samples: Smithfield Foods Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be 56 amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Enodis PLC
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (Lpa Services Inc)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 that cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Waiver of Past Defaults. The Holders of a majority in ----------------------- outstanding principal amount of the Securities Securities, by notice to the Trustee Trustee, may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 7.2 cannot be amended without the consent of each Holder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Samples: Danbury Pharmacal Puerto Rico Inc
Waiver of Past Defaults. The Holders of a majority in ------------------------ principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest or Special Interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Eagle Family Foods Inc
Waiver of Past Defaults. The Holders of a majority in principal amount at maturity of the Securities Notes by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (Maxxim Medical Inc/Tx)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default or 66 Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Samples: Tva Sul Foz Do Iguacu LTD
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the outstanding Securities by notice to the Trustee may waive an any past or existing Default and its consequences or compliance with any provisions of this Indenture except (ai) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Bekins Co /New/
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affectedaffected thereby. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Waiver of Past Defaults. The Holders of at least a majority in principal amount of the Securities Notes by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 8.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Samples: CBS Corp
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences consequences, except for (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (New Home Co Inc.)
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Securities of any series then outstanding by notice to the Trustee may waive an any past or existing Default with respect to such series and its consequences except (ai) a Default in the payment of the principal Principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture such series or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Waiver of Past Defaults. The Holders of a majority in ------------------------ principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 8.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Banctec Inc
Waiver of Past Defaults. The Holders of a majority in ----------------------- principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of amount of, or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Tritel Finance Inc
Waiver of Past Defaults. The Holders of a majority in ------------------------ principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, Security (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Chippac LTD
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes by written notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Noteholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this 52 Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, cured but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Samples: Ero Marketing Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the then outstanding Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences consequences, except (a) a continuing Default or Event of Default in the payment of the principal of or interest on any Security held by a Securitynon-consenting Holder. Upon any such waiver, (b) a such Default shall cease to exist, and any Event of Default arising from the failure therefrom shall be deemed to redeem or purchase any Security when required pursuant to the terms have been cured for every purpose of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affectedIndenture. When a Default is waived, it is deemed cured, but no No such waiver shall extend to any subsequent or other Default or impair any right consequent righton any subsequent or other Default.
Appears in 1 contract
Samples: Key Energy Group Inc
Waiver of Past Defaults. The Holders of a majority in principal amount aggregate Accreted Principal Amount of the Securities at the time outstanding, by notice to the Trustee (and without notice to any other Securityholder), may waive an any existing or past Default and its consequences except (1) an Event of Default described in clauses (a) a Default in the payment of the principal of or interest on a Security), (b), (c), (d), and (e) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture Section 6.01 or (c2) a an Event of Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: School Specialty Inc
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Securities at the time outstanding, by notice to the Trustee (and without notice to any other Securityholder), may waive an existing or past Event of Default and its consequences except (a1) a an Event of Default described in the payment of the principal of or interest on a Security, Section 6.01 clauses (b1) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture through (5) or (c2) a an Event of Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a an Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Event of Default or impair any consequent right.
Appears in 1 contract
Samples: Covad Communications Group Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of of, or premium or interest on on, a Security, (bii) a Default arising from the failure to redeem or purchase repurchase any Security when required pursuant tendered for repurchase in connection with an Offer to the terms of this Indenture Purchase or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Radio One Inc
Waiver of Past Defaults. The Subject to Section 9.02(c), the Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (Us Concrete Inc)
Waiver of Past Defaults. The Holders Noteholders of a majority in ----------------------- principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Noteholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (Wki Holding Co Inc)
Waiver of Past Defaults. The Subject to Section 8.02, the ----------------------- Holders of a majority in principal amount of the Outstanding Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (a) a Default in the payment of the principal of of, or - interest on a Security, Security or (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a any covenant or provision - of this Indenture that under Section 9.02 8.02 cannot be amended or modified without the consent of the Holder of each Holder affectedSecurity affected thereby. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Waiver of Past Defaults. The Holders of a majority in ----------------------- aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an any past or existing Default and its consequences except (ai) a Default in the payment of the principal of Principal of, or premium, or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: 21st Century Insurance Group
Waiver of Past Defaults. The Holders of a majority in principal amount Accreted Value of the Securities Notes by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (a) a Default or Event of Default in the payment of the principal Accreted Value of or interest on a Security, Note or (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.02(b) cannot be amended without the consent of each Holder Noteholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Samples: Viasystems Group Inc
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities outstanding Notes by notice to the Trustee may waive an any past or existing Default and its consequences or compliance with any provisions of this Indenture except (ai) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture Note or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Noteholder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Chiles Magellan LLC
Waiver of Past Defaults. The Holders of a majority in outstanding principal amount of the Securities Securities, voting as a single class, by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Samples: Doane Pet Care Co
Waiver of Past Defaults. The Holders holders of a majority in principal amount of the Securities Notes by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a SecurityNote, (b) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.02(b) cannot be amended without the consent of each Holder affectedSecurityholders holding at least 90.0% of the principal amount of the Notes. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: kase.kz
Waiver of Past Defaults. The Holders of a majority in ----------------------- principal amount of the Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder ----------- Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent right.
Appears in 1 contract
Samples: Applied Business Telecommunications
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (a) a Default in the payment of the principal of or interest on a Security, Security (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. SECTION 6.05.
Appears in 1 contract
Samples: Murphy USA Inc.
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such 72 81 waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (GSV Inc /Fl/)
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an any past or existing Default and its consequences except (ai) a Default in the payment of the principal of Principal of, or premium, or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (cii) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except a Default (a) a Default in the payment of the principal of or interest on a Security, (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: EnergySolutions, Inc.
Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Securities at the time outstanding by notice to the Trustee and without notice to any other Holder may waive an existing Default default and its consequences except (a) a an Event of Default described in the payment of the principal of Section 6.01(i) or interest on a Security6.01(ii), (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (c) a Default default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affectedaffected or (c) a default which constitutes a failure to convert any Security in accordance with the terms of Article 10. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (Titan International Inc)
Waiver of Past Defaults. The Holders of a majority in ------------------------ principal amount of the Securities by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a Security, (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Securityholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: 21st Century Telecom Group Inc
Waiver of Past Defaults. The Holders of a majority at least 51% in principal amount of the Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences except (ai) a Default or Event of Default in the payment of the principal of or (other than principal due by reason of acceleration) and accrued and unpaid interest on a Security, Security or (bii) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 cannot be amended without the consent of each Holder Securityholder affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any consequent rightright thereto.
Appears in 1 contract
Samples: Indenture (Town & Country Corp)
Waiver of Past Defaults. The Holders of a majority in principal amount of the Securities Notes by notice to the Trustee may waive an existing Default and its consequences except (ai) a Default in the payment of the principal of or interest on a SecurityNote, (bii) a Default arising from the failure to redeem or purchase any Security Note when required pursuant to the terms of this Indenture or (ciii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder Noteholder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Wesco International Inc
Waiver of Past Defaults. The Holders of at least a majority ----------------------- in principal amount of the then outstanding Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences except (a) a Default or Event of Default in the payment of the principal of or interest on a Security, any Security or (b) a Default arising from the failure to redeem or purchase any Security when required pursuant to the terms Event of this Indenture or (c) a Default in respect of a provision that under Section 9.02 9.2 hereof cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right.
Appears in 1 contract
Samples: Indenture (Ak Steel Corp)