Common use of Waivers of Events of Default Clause in Contracts

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event of Default hereunder and the consequences of such an Event of Default provided, however, that there shall not be waived: (i) any Event of Default in the payment of the principal of this Loan Agreement at the date when due as specified herein; or (ii) any default in the payment when due of the interest on this Loan Agreement, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on all arrears of payments of principal and all expenses of the Finance Authority or the Trustee, in connection with such Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case, the Finance Authority and the Trustee shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, or impair any right consequent thereon.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion shall waive by written waiver any Event of Default hereunder and its consequences and rescind any declaration of acceleration of Notes, upon the consequences written request of such the Noteholders of at least a majority of the Outstanding Amount of the Highest Priority Notes, or with respect to an Event of Default Default, or resulting declaration of acceleration, based solely upon Section 6.01(c) hereof, a majority of the Outstanding Amount of each Class of Notes; provided, however, that there shall not be waived: waived (ia) any Event of Default in the payment of the principal of this Loan Agreement any Outstanding Notes at the date when due as specified herein; of maturity thereof, or (ii) any default in the payment when due of the interest on this Loan Agreementany such Notes, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on or all arrears of payments of principal and all fees, expenses and indemnification of the Finance Authority or the Trustee, in connection with such Event of Default default shall have been paid or provided for, ; or (b) any default in the payment of amounts set forth in Sections 7.05 and in 7.07 hereof. In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adverselyadversely to the Trustee, then and in every such casecase the Authority, the Finance Authority Trustee and the Trustee Noteholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to or affect any subsequent or other Event of Defaultdefault, or impair any right rights or remedies consequent thereon. The Trustee shall give written notice to each Rating Agency of any waiver of an Event of Default pursuant to this Section.

Appears in 3 contracts

Samples: Indenture of Trust, Indenture of Trust, Indenture of Trust

Waivers of Events of Default. The Finance Authority or To the extent not precluded by law, the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and rescind any declaration of maturity of principal, and shall do so upon the consequences written request of such an Event the holders of Default not less than a majority in aggregate principal amount of all the Bonds then outstanding; provided, however, that there shall not be waived: waived (ia) any Event of Default in the payment of the principal or premium, if any, of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein or the date fixed for redemption thereof or (iib) any default Event of Default in the payment when due of the interest on this Loan Agreementany such Bonds, unless prior to such waiver or rescission, all arrears of interest, or all arrears of payment of principal then due, as the case may be, together with interest on overdue principal (to the extent permitted by law) at the rate of interest borne by this Loan Agreement on all arrears of payments of principal the respective Bonds, and all expenses Administration Expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, or impair any right consequent thereon.

Appears in 3 contracts

Samples: Trust Indenture (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC), Entergy Louisiana, LLC

Waivers of Events of Default. The Finance Authority or To the extent not precluded by law, the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and rescind any declaration of maturity of principal, and shall do so upon the consequences written request of such an Event the holders of Default not less than a majority in aggregate principal amount of all the Bonds then outstanding; provided, however, that there shall not be waived: waived (ia) any Event of Default in the payment of the principal or premium, if any, of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein or the date fixed for redemption thereof or (iib) any default Event of Default in the payment when due of the interest on this Loan Agreementany such Bonds, unless prior to such waiver or rescission, all arrears of interest, or all arrears of payment of principal then due, as the case may be, together with interest on overdue principal (to the extent permitted by law) at the rate of interest borne by this Loan Agreement on all arrears of payments of principal the respective Bonds, and all expenses Administration Expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Authority, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, or impair any right consequent thereon.

Appears in 2 contracts

Samples: Agreement (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC)

Waivers of Events of Default. The Finance Authority or the Indenture Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and rescind any declaration of acceleration of Obligations, and shall do so upon the consequences written request of such an Event the Registered Owners of Default at least a majority of the principal amount of the Highest Priority Obligations then Outstanding; provided, however, that there shall not be waived: waived (ia) any Event of Default in the payment of the principal of this Loan Agreement or premium on any Outstanding Obligations at the date when due as specified herein; of maturity or (ii) redemption thereof, or any default in the payment when due of the interest on this Loan Agreementany such Obligations, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on or all arrears of payments of principal and premium, if any, and all fees, expenses of the Finance Authority or the Indenture Trustee, in connection with such Event of Default default shall have been paid or provided for, and for or (b) any default in the payment of amounts set forth in Section 7.05 hereof. In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Finance Authority or the Indenture Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adverselyadversely to the Indenture Trustee, then and in every such casecase the Issuer, the Finance Authority Indenture Trustee and the Trustee Registered Owners of Obligations shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to or affect any subsequent or other Event of Defaultdefault, or impair any right rights or remedies consequent thereon.

Appears in 2 contracts

Samples: Loan Purchase Agreement (Nelnet Education Loan Funding Inc), Loan Purchase Agreement (Nelnet Inc)

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal and shall do so upon the consequences written request of such an Event the holders of Default (1) a majority in principal amount of all Bonds in respect of which a default as to the payment of principal and/or interest exists, or (2) a majority in principal amount of all Bonds in the case of any other event of default; provided, however, that there shall not be waived: waived (ia) any Event event of Default in default pertaining to the payment of the principal of this Loan Agreement any Bond at the its maturity date when due as specified herein; or redemption date prior to maturity (including any mandatory sinking fund redemption date) or (iib) any event of default in pertaining to the payment when due of the interest on this Loan Agreementany Bond, unless prior to such waiver or rescission, all arrears of principal (due otherwise than by declaration) and interest, . with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such event of default shall have occurred on overdue installments of interest, and all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event event of Default default, shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the County, the Finance Authority Trustee and the Trustee bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Agreement of Sale (Toms Foods Inc)

Waivers of Events of Default. The Finance Authority or At any time, the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and rescind any declaration of maturity of principal, and shall do so upon the consequences written request of such the Holders of either at least a majority in aggregate principal amount of the Obligations, then Outstanding with respect to which an Event of Default provided, however, that there shall not be waived: (i) any Event of Default in the payment of Debt Service Charges then exists or at least twenty-five percent in aggregate principal amount of the principal Obligations then Outstanding, with respect to any other Event of this Loan Agreement Default hereunder; provided that there shall not be waived any Event of Default described in paragraph (a) of Section 6.01 hereof or any such declaration in connection therewith rescinded, unless at the date when due as specified herein; or (ii) any default in the payment when due time of the interest on this Loan Agreement, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on all arrears of rescission payments of principal the amounts provided in Section 6.02 hereof for waiver and all expenses of the Finance Authority or the Trustee, automatic rescission in connection with such Event acceleration of Default shall maturity have been paid or provided for, and in made. In case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the University, the Finance Authority Trustee, and Credit Support Provider and the Trustee Holders of the Obligations shall be restored to their respective former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Agreement

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal, and shall do so upon the consequences written request of such an Event the holders of Default (a) not less than two-thirds in aggregate principal amount of Bonds then Outstanding in respect of which default in the payment of principal and/or interest exists, or (b) more than 50% in aggregate principal amount of all Bonds then Outstanding in the case of any other default; provided, however, that there shall not be waived: waived (i1) any Event event of Default default in the payment of the principal of this Loan Agreement at the date any outstanding Bonds when due as specified herein; or (ii2) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case of any such waiver or rescission, or in the case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: System Energy Resources Inc

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the consequences Bonds, and shall do so upon the written request of such an Event the holders of Default (1) all the Bonds then outstanding in respect of which default in the payment of principal or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived: waived without the consent of all Bondholders (ia) any Event event of Default default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein, or (iib) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default (including extraordinary services) shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.. (End of Article VII)

Appears in 1 contract

Samples: Financing Agreement

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion shall waive by written waiver any Event of Default hereunder and its consequences and rescind any acceleration of maturity of principal upon the consequences written request of such an Event Bondholders owning at least 51% in aggregate principal amount of Default the Parity Bonds then Outstanding; provided, however, that there shall not be waived: (i) waived any Event of Default in the payment of the principal of this Loan Agreement at the date when due as specified herein; or (ii) any default in the payment when due of the interest on this Loan AgreementLease Payments unless, unless prior to such waiver waiver, rescission, or rescissionthe discontinuance, abandonment, or adverse determination of any proceeding taken by the Trustee on account of any such Event of Default, all arrears of interestLease Payments, with interest at the rate borne by this Loan Agreement on all arrears of payments of principal and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default shall have been paid or provided for, and in . In case of any such waiver or rescission, rescission or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adverselyadversely to the Trustee, then and in every such casethe Corporation, the Finance Authority City, the Trustee, and the Trustee Bondholders shall be restored to their former positions and rights hereunderhereunder and under the Lease Agreement, respectively, but no such waiver or rescission shall extend to any subsequent or other Event Events of Default, Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Agreement

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event default or event of Default default hereunder and its consequences, and notwithstanding anything else to the consequences contrary contained in this Indenture shall do so upon the written request of such an Event the owners of Default provided, two-thirds (2/3) in aggregate principal amount of all the Certificates then Outstanding; provided however, that there shall not be waived: waived without the consent of the owners of one hundred percent (i100%) of the Certificates then Outstanding as to which the default or event of default exists; (a) any Event of Default default in the payment of the principal of this Loan Agreement or premium on any Outstanding Certificates at the date when due as of maturity specified herein; therein or (iib) any default in the payment when due of the interest on this Loan Agreementany such Certificates, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on and all arrears of payments of principal and premium, if any, then due, as the case may be (both with interest at the rate of eighteen percent (18%) per annum on all overdue installments), and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in . In case of any such waiver or rescissionwaiver, or in case any proceeding proceedings taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adverselyadversely to the Trustee, then and in every such casecase the Lessor, the Finance Authority City and County, the Trustee, and the Trustee Registered Owners shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event default or event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Master Facilities Lease Purchase Agreement

Waivers of Events of Default. The Finance Authority or At the direction of the Requisite Bondholders, the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the consequences Bonds, and shall do so upon the written request of such an Event the Bondholders of Default (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived: waived (ia) any Event event of Default default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein, or (iib) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon. The provisions of this Section 7.9 are expressly subject to and limited by the last sentence of Section 7.1 hereof.

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion shall waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the consequences Bonds upon the written request of such an Event the holders of Default (1) a majority in aggregate principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or interest exists, or (2) a majority in aggregate principal amount of all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived: waived without the consent of the holders of all the Bonds outstanding (ia) any Event event of Default default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein or (iib) any default in the payment when due of the interest on this Loan Agreementany such Bonds unless, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) on overdue of installments of interest at the rate borne by this Loan Agreement on Base Rate, in respect of which such default shall have occurred, or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Lease Agreement (Conrad Industries Inc)

Waivers of Events of Default. The Finance Authority or Trustee, with the Trustee consent of the Collateral Agent, (a) may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal and its consequences, if such event of default has been cured and there is no longer continuing any default hereunder, and (b) shall waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal, upon the consequences written request of such an Event the owners of Default a majority in principal amount of the Bonds outstanding; provided, however, that there shall not be waived: waived (i) any Event event of Default in default pertaining to the payment of the principal of this Loan Agreement any Bond at the its maturity date when due as specified herein; or any prepayment date prior to maturity, or (ii) any event of default in pertaining to the payment when due of the interest on this Loan Agreementany Bond, unless prior to such waiver or rescission, all arrears of principal (due otherwise than by declaration) and interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds on overdue installments of principal and interest and all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee due hereunder in connection with such Event event of Default default, shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by then the Finance Authority or Issuer, the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case, the Finance Authority and the Trustee owners of the Bonds shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Lease Agreement (Tenaska Georgia Partners Lp)

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the consequences Bonds, and shall do so upon the written request of such an Event the holders of Default (1) all the Bonds then outstanding in respect of which default in the payment of principal or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived: waived without the consent of all Bondholders (ia) any Event event of Default default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein, or (iib) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default (including extraordinary services) shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the City, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.. (End of Article VII)

Appears in 1 contract

Samples: Financing Agreement

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive or rescind by written waiver or rescission any Event of Default hereunder and the consequences of such an Event of Default provided, however, that there shall not be waivedwaived or rescinded: (i) any Event of Default in the payment of the principal of this Loan Agreement at the date when due as specified herein; or (ii) any default in the payment when due of the interest on this Loan Agreement, unless prior to such waiver or rescission, all arrears of principal and interest, with interest at the rate borne by this Loan Agreement on all arrears of payments of principal and interest and all expenses of the Finance Authority or the Trustee, in connection with such Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case, the Finance Authority and the Trustee shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Loan Agreement

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any acceleration of maturity of principal, and shall do so upon the consequences written request of such an Event the holders of Default (a) not less than two-thirds in principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or interest exists, or (b) more than one- half in principal amount of all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived: waived (i) any Event event of Default default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein or (ii) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case cases of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the County, the Finance Authority Trustee and the Trustee bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Mississippi Power & Light Co

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion shall waive by written waiver any Event of Default hereunder and its consequences and rescind any declaration of same upon the consequences written request of such an Event the holders of Default at least a majority in aggregate principal amount of all Bonds then outstanding; provided, however, that there shall not be waived: waived without the consent of the holders of all of the Bonds outstanding (ia) any Event of Default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein or in the Indenture or (iib) any default in the payment when due of the interest on this Loan Agreementany such Bonds unless, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds on all arrears overdue installments of payments of principal interest, and all expenses fees and expenses, including those of its attorneys, of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Company, the Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon. INDENTURE OF TRUST - Page 34.

Appears in 1 contract

Samples: Enron Corp/Or/

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the consequences Bonds, and shall do so upon the written request of such an Event (1) the holders of Default all of the Bonds then outstanding in respect of which default in the payment of principal or interest exists, or (2) the Requisite Bondholders in the case of any other default; provided, however, that there shall not be waived: waived without the consent of all Bondholders (ia) any Event event of Default default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein, or (iib) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.. (End of Article VII)

Appears in 1 contract

Samples: Trust Indenture

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Waivers of Events of Default. The Finance Authority or At the direction of the Requisite Bondholders, the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the consequences Bonds, and shall do so upon the written request of such an Event the Bondholders of Default (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived: waived (ia) any Event event of Default default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein, or (iib) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.. The provisions of this Section 7.9 are expressly subject to and limited by the last sentence of Section 7.1 hereof. (End of Article VII)

Appears in 1 contract

Samples: Financing Agreement

Waivers of Events of Default. The Finance Authority or the Trustee may in may, at its discretion discretion, waive by written waiver any Event of Default hereunder and its consequences and, notwithstanding anything to the consequences contrary in Section 6.02 hereof, shall do so upon the written request of such the Owners of (i) not less than a majority in aggregate principal amount of all Outstanding Bonds in respect of which an Event of Default in the payment of any Debt Service Requirements of the Bonds exists, or (ii) not less than a majority in aggregate principal amount of all Outstanding Bonds in the case of any other Event of Default; provided, however, that there shall not be waived: (i) waived any Event of Default in the payment of the principal Debt Service Requirements of this Loan Agreement at the date when due as specified herein; or (ii) any default in the payment when due of the interest on this Loan Agreement, Outstanding Bonds unless prior to such waiver or rescission, all arrears of principal and interest, with interest at the rate borne by this Loan Agreement on all arrears of payments of principal and all fees and expenses of the Finance Authority or the Trustee, Truste e in connection with such Event of Default or otherwise in connection with the performance of the Trustee’s duties hereunder, shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or District, the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case, the Finance Authority and the Trustee Owners of the Bonds shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, Default or impair any right consequent thereon.

Appears in 1 contract

Samples: www.rtd-denver.com

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal, and shall do so upon the consequences written request of such an Event the holders of Default (a) not less than two-thirds in aggregate principal amount of Bonds then Outstanding in respect of which default in the payment of principal and/or interest exists, or (b) more than 50% in aggregate principal amount of all Bonds then Outstanding in the case of any other default; provided, however, that there shall not be waived: waived (i1) any Event event of Default default in the payment of the principal of this Loan Agreement at the date any Bonds then Outstanding when due as specified herein; or (ii2) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case of any such waiver or rescission, or in the case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Depositary Agreement (System Energy Resources Inc)

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and shall do so upon the consequences written request of the Holders of more than 50% of the Bond Obligation related to the Senior Bonds until such an Event of Default time as the Senior Bonds are no longer Outstanding; provided, however, that there shall not be waived: (i) waived any Event of Default in the payment of the principal of this Loan Agreement any Outstanding Bonds at the date when due as of maturity specified herein; therein or (ii) any default Default in the payment when due of the interest on this Loan Agreementany such Bonds unless, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on or all arrears of payments of principal when due, with interest on overdue principal at the rate borne by such Bonds, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default Default, shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee, and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, or impair any right consequent thereon.

Appears in 1 contract

Samples: www.cideg.org

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event event of Default default hereunder and its consequences and rescind any declaration of maturity of principal, and shall do so upon the consequences written request of such an Event the holders of Default (a) not less than two-thirds in aggregate principal amount of Bonds then outstanding in respect of which default in the payment of principal and/or interest exists, or (b) more than 50% in aggregate principal amount of all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived: waived (i) any Event event of Default default in the payment of the principal of this Loan Agreement at the date any outstanding Bonds when due as specified herein; or (ii) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case of any such waiver or rescission, or in the case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Gulf Power Co

Waivers of Events of Default. The Finance Authority or the Trustee Bondholder may in its discretion waive by written waiver any Event event of Default default hereunder and the its consequences and rescind any declaration of maturity of principal and its consequences, if such an Event event of Default default has been cured and there is no longer continuing any default hereunder; provided, however, that there shall not be waived: waived (i) any Event event of Default in default pertaining to the payment of the principal of this Loan Agreement any Bond at the its maturity date when due as specified herein; or any prepayment date prior to maturity, or (ii) any event of default in pertaining to the payment when due of the interest on this Loan Agreementany Bond, unless prior to such waiver or rescission, all arrears of principal (due otherwise than by declaration) and interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds on overdue installments of principal and interest and all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Bondholder in connection with such Event event of Default default, shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee Bondholder on account of any such Event event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such case, case the Finance Authority Issuer and the Trustee Bondholder shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Financing Agreement (Fox Factory Holding Corp)

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest, if any, on Bonds, and shall do so upon the consequences written request of such an Event the Owners of Default at least 50% in aggregate principal amount of all the Bonds then Outstanding, provided, however, that there shall not be waived: waived without the consent of the Owners of all the Bonds Outstanding (ia) any Event of Default in the payment of the principal of this Loan Agreement any Outstanding Bonds when due (whether at the date when due as of maturity or redemption specified herein; therein), or (iib) any default Event of Default in the payment when due of the interest on this Loan Agreementany such Bonds, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on or all arrears of payments of principal when due, as the case may be, and all reasonable expenses of the Finance Authority or Trustee and the TrusteeCity, in connection with such Event of Default default, shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the City, the Finance Authority Corporation, the Trustee and the Trustee Bondowners shall be restored to their former positions positions, rights and rights obligations hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (Pacific Sunwear of California Inc)

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the consequences Bonds, and shall do so upon the written request of such an Event the holders of Default (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived: waived (ia) any Event of Default in the payment of the principal of this Loan Agreement any outstanding Bonds at the date when due as of maturity specified herein; therein, or (iib) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.. (End of Article VII)

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and rescind any acceleration of maturity of principal, and shall do so upon the consequences written request of such an Event the Owners of Default (a) not less than two-thirds in principal amount of all the Bonds then Outstanding in respect of which default in the payment of principal and/or interest exists, or (b) more than one-half in principal amount of all Bonds then Outstanding in the case of any other default; provided, however, that there shall not be waived: waived (i) any Event of Default in the payment of the principal of this Loan Agreement any Outstanding Bonds at the date when due as of maturity specified herein; therein or (ii) any default in the payment when due of the interest on this Loan Agreement, any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by this Loan Agreement the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal when due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default default shall have been paid or provided for, and in case cases of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee and the Trustee Owners of the Bonds shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event of Default hereunder and the consequences of such (other than an Event of Default described in Section 6.01(d) hereof) and its consequences and rescind any declaration of acceleration of Notes, and shall do so upon the written request of the Registered Owners of at least a majority of the aggregate principal amount of the Notes then Outstanding; provided, however, that there shall not be waived: waived (ia) any Event of Default in the payment of the principal of this Loan Agreement or premium, if any, on any Outstanding Notes at the date when due as specified herein; of Maturity or (ii) redemption thereof, or any default in the payment when due of the interest on this Loan Agreementany such Notes, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne payments required by this Loan Agreement on all arrears of payments of principal and all expenses of the Finance Authority or the Trustee, in connection with such Event of Default shall Section 6.09 hereof have been paid or provided for, for or (b) any default in the payment of amounts set forth in Sections 7.05 and in 7.07 hereof. In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Finance Authority or the Trustee on account of any such Event of Default default shall have been discontinued or abandoned or determined adverselyadversely to the Trustee, then and in every such casecase the Corporation, the Finance Authority Trustee and the Trustee Registered Owners of Notes shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to or affect any subsequent or other Event of Defaultdefault, or impair any right rights or remedies consequent thereon. The Trustee shall promptly give written notice to each Rating Agency of any waiver of an Event of Default pursuant to this Section.

Appears in 1 contract

Samples: Indenture of Trust

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences and, subject to the consequences Trustee’s right to require satisfactory indemnification pursuant to Section 12.01(l), shall do so upon the written request of such an the owners of (a) more than 50% in aggregate principal amount of the Notes then Outstanding in respect of which default in the payment of principal or interest, or both, exists, or (b) more than 50% in aggregate principal amount of all Notes then Outstanding in the case of any other Event of Default Default; provided, however, that there shall not be waived: (i) waived any Event of Default in the payment of the principal of this Loan Agreement any Outstanding Notes at the date when due as of maturity specified herein; therein or (ii) any default Event of Default in the payment when due of the interest on this Loan Agreementany such Notes unless, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on or all arrears of payments of principal when due, with interest on overdue principal at the rate borne by the Notes, and all expenses of the Finance Authority or Trustee and the Trustee, Initial Owner in connection with such Event of Default Default, shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such casecase the Issuer, the Finance Authority Trustee, the Initial Owner and the Trustee Noteholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Defaultdefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: GMH Communities Trust

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any Event of Default hereunder and its consequences, and notwithstanding anything else to the consequences contrary contained in this Indenture shall do so upon the written request of such an Event the owners of Default a majority in aggregate principal amount of all the Certificates then Outstanding; provided, however, that there shall not be waived: waived without the consent of the owners of 100% of the Certificates then Outstanding as to which the Event of Default exists (ia) any Event of Default in the payment of the principal of this Loan Agreement or premium, if any, on any Outstanding Certificates at the date when due as of maturity specified herein; therein, or (iib) any default Event of Default in the payment when due of the interest on this Loan Agreementany such Certificates, unless prior to such waiver or rescission, all arrears of interest, with interest at the rate borne by this Loan Agreement on and all arrears of payments of principal and premium, if any, then due, as the case may be, and all expenses of the Finance Authority or the Trustee, Trustee in connection with such Event of Default and all Additional Rentals shall have been paid or provided for, and in . In case of any such waiver or rescissionwaiver, or in case any proceeding proceedings taken by the Finance Authority or the Trustee on account of any such Event of Default shall have been discontinued or abandoned aband oned or determined adverselyadversely to the Trustee, then and in every such casecase the Corporation, the Finance Authority District, the Trustee and the Trustee Owners shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, or impair any right consequent thereon.

Appears in 1 contract

Samples: www.rtd-denver.com

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