Common use of Acceleration of Maturity; Rescission and Annulment Clause in Contracts

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 28 contracts

Samples: Chord Energy Corp, Indenture (Approach Resources I, LP), Indenture (Approach Resources Inc)

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Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9501(9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 25 contracts

Samples: Senior Indenture (Kanawha River Terminals, LLC), Chord Energy Corp, Indenture (SunCoke Energy, Inc.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(e) or 501(9(f)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(e) or 501 (9f) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 22 contracts

Samples: electroCore, Inc., electroCore, Inc., Indenture (Discovery Laboratories Inc /De/)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) of, and premium or Make-Whole Amount, if any, on all the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the Holders), and upon any such declaration such principal amount principal, and premium and Make-Whole Amount (if any), or specified amount), together with any accrued and unpaid interest thereon, portion thereof shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occursset forth in Section 501(5) or (6) of this Indenture occurs and is continuing, the principal amount of then in every such case all the Securities of that series (orshall become immediately due and payable, if any without notice to the Company, at the principal amount thereof plus accrued interest to the date the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with paid plus any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action Make-Whole Amount due on the part Securities of the Trustee or any Holder, become immediately due and payablethat series. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 13 contracts

Samples: Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (9501(7) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 12 contracts

Samples: Indenture (Bristow Helicopters Inc), Indenture (Gulfport Energy Corp), Amplify Energy Corp.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any series (other than an Event of Default with respect to the Company specified in Section 501(8clause (6) or 501(9)(7) with respect to Securities of any series at the time Outstanding Section 5.01) occurs and is continuing, then in every such case the Trustee by notice in writing to the Company, or the Holders of not less than 25% at least twenty-five percent in aggregate principal amount of the Outstanding Securities of that series by notice in writing to the Company and the Trustee, may declare the unpaid principal amount of all and accrued interest to the Securities date of that series acceleration (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) on all the Outstanding Securities of that series to be due and payable immediatelyimmediately and, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount declaration, the Outstanding Securities of that series (or specified principal amount), together with any accrued and unpaid interest thereon, ) shall become and be immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8clause (6) or 501 (97) with respect to Securities of any series at the time Outstanding Section 5.01 occurs, all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the or specified principal amount of such Securities as may amount) shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any HolderHolder of any Security of that series. Upon payment of all such principal and interest, become immediately due all of the Company's obligations under the Securities of that series and payable(upon payment of the Securities of all series) this Indenture shall terminate, except obligations under Section 6.07. At any time after such a declaration of acceleration of Maturity with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, series by written notice to the Company and the Trustee, Trustee may rescind and annul such declaration an acceleration and its consequences ifif (i) all existing Events of Default, other than the nonpayment of the principal of and interest on the Securities of that series that has become due solely by such declaration of acceleration, have been cured or waived, (ii) to the extent the payment of such interest is lawful, interest on overdue installments of interest and overdue principal that has become due otherwise than by such declaration of acceleration have been paid, (iii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (iv) all payments due to the Trustee and any predecessor Trustee under Section 6.07 have been made.

Appears in 12 contracts

Samples: Indenture (Interline Brands, Inc./De), Indenture (Interpublic Group of Companies Inc), Indenture (Regent Broadcasting Midwest Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9Section 501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (9Section 501(7) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 11 contracts

Samples: Indenture (Amplify Energy Corp.), Indenture (Bristow Helicopters Inc), Indenture (Gulfport Energy Corp)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(e) or 501(9(f)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(e) or 501 (9f) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article VI provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 10 contracts

Samples: Gray Communications Systems Inc /Ga/, Kramont Realty Trust, Celgene Corp /De/

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding described in paragraph (a), (b), (c), (d) or (g) of Section 501 hereof occurs and is continuing, then in every such case the Trustee or the Holders of not less than 2533% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payablepayable upon the date which is 10 days after the date of such notice. If an Event of Default with respect to the Company specified described in Section 501(8paragraph (e) or (f) of Section 501 (9) with respect to Securities of any series at the time Outstanding occurshereof occurs and is continuing, then and in every such case, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof)) of all the Securities shall, together with any accrued and unpaid interest thereon, shall automatically, and without any declaration notice to the Company or any other action act on the part of the Trustee or any HolderHolder of the Securities, become and be immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 9 contracts

Samples: Indenture (Public Service Co of Oklahoma), Indenture (Public Service Co of Oklahoma), Indenture (Public Service Co of Oklahoma)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any series (other than an Event of Default with respect to the Company specified in Section 501(8clause (6) or 501(9)(7) with respect to Securities of any series at the time Outstanding Section 5.01) occurs and is continuing, then in every such case the Trustee by notice in writing to the Company, or the Holders of not less than 25% at least twenty-five percent in aggregate principal amount of the Outstanding Securities of that series by notice in writing to the Company and the Trustee, may declare the unpaid principal amount of all and accrued interest to the Securities date of that series acceleration (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) on all the Outstanding Securities of that series to be due and payable immediatelyimmediately and, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount declaration, the Outstanding Securities of that series (or specified principal amount), together with any accrued and unpaid interest thereon, ) shall become and be immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8clause (6) or 501 (97) with respect to Securities of any series at the time Outstanding Section 5.01 occurs, all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the or specified principal amount of such Securities as may amount) shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any HolderHolder of any Security of that series. Upon payment of all such principal and interest, become immediately due all of the Company’s obligations under the Securities of that series and payable(upon payment of the Securities of all series) this Indenture shall terminate, except obligations under Section 6.07. At any time after such a declaration of acceleration of Maturity with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, series by written notice to the Company and the Trustee, Trustee may rescind and annul such declaration an acceleration and its consequences ifif (i) all existing Events of Default, other than the nonpayment of the principal of and interest on the Securities of that series that has become due solely by such declaration of acceleration, have been cured or waived, (ii) to the extent the payment of such interest is lawful, interest on overdue installments of interest and overdue principal that has become due otherwise than by such declaration of acceleration have been paid, (iii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (iv) all payments due to the Trustee and any predecessor Trustee under Section 6.07 have been made.

Appears in 8 contracts

Samples: Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuingcontinuing (other than an Event of Default described in Section 501(6) or 501(7)), then and in every such case the Trustee or the Holders of not less than 25% a majority in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if any Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal as may be specified in the terms thereof) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof shall become immediately due and payable. If an Event of Default with respect to the Company specified described in Section 501(8501(6) or 501 (9501(7) with respect to Securities of any series of Securities at the time Outstanding outstanding occurs, the principal amount of all of the Securities of that series (or, if in the case of any Securities of that series are such Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued and unpaid interest thereon, shall ) will automatically, and without any declaration or other action on the part of by the Trustee or any HolderHolder thereof, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 7 contracts

Samples: Health and Retirement Properties Trust (Health & Retirement Properties Trust), Health and Retirement Properties Trust (Health & Retirement Properties Trust), Hospitality Properties Trust

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(85.01(8) or 501(95.01(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(8) or 501 (95.01(9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 7 contracts

Samples: Indenture (Lynden USA Inc.), Indenture (Davis Petroleum Corp.), Bold Energy III LLC

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(5) or 501(9501(6)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(5) or 501 (9501(6) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Any payments by the Company on the Securities following any such acceleration will be subject to the subordination provisions of Article Fifteen to the extent provided therein. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 7 contracts

Samples: Reimbursement Agreement (Maxtor Corp), Westell Technologies Inc, Quantum Corp /De/

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default specified in clause (g) or (h) of Section 6.01) occurs and is continuing with respect to the Company specified in Section 501(8) or 501(9)) with respect to any Securities of any series at the time Outstanding occurs and is continuingSeries, then in every such case case, the Trustee may, by notice to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series Series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) then outstanding may, by notice to the Company and the Trustee, declare all unpaid principal of, and accrued and unpaid interest on to the date of acceleration, the Securities of that Series then outstanding (if not then due and payable) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount)declaration, together with any accrued and unpaid interest thereon, the same shall become and be immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8clause (g) or 501 (9h) with respect to Securities of any series at the time Outstanding Section 6.01 occurs, the all unpaid principal amount of all the Securities of that series (orthen outstanding, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and all accrued and unpaid interest thereonthereon to the date of acceleration, shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the The Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, Series then outstanding by written notice to the Company and the Trustee, Trustee may rescind and annul an acceleration of such declaration Securities of that Series and its consequences ifif (a) all existing Events of Default, other than the nonpayment of the principal of the Securities which has become due solely by such declaration of acceleration, have been cured or waived; (b) to the extent the payment of such interest is lawful, interest (calculated at the Default Rate) on overdue installments of interest and overdue principal, which has become due otherwise than by such declaration of acceleration, has been paid; (c) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction; and (d) all payments due to the Trustee and any predecessor Trustee under Section 7.07 have been made. No such rescission shall affect any subsequent default or impair any right consequent thereto.

Appears in 7 contracts

Samples: Global Ship Lease, Inc., Global Ship Lease, Inc., Senior Indenture (Asia Entertainment & Resources Ltd.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(f) or 501(9(g)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(f) or 501 (9g) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 6 contracts

Samples: Indenture (Chartered Semiconductor Manufacturing LTD), Indenture (Chartered Semiconductor Manufacturing LTD), Execution Copy (Iron Mountain Inc/Pa)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee Trustee, upon receipt of a request from the Holders of not less than 25% in principal amount of the Outstanding Securities of that series, shall, or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may may, declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company Corporation (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (97) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Corporation and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 6 contracts

Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) resulting from bankruptcy, insolvency or 501(9)reorganization) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If In the case of an Event of Default with respect to the Company specified in Section 501(8) resulting from bankruptcy, insolvency or 501 (9) reorganization, which occurs and is continuing with respect to Securities of any series at the time Outstanding, then all unpaid principal of and accrued interest on all such Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued shall become immediately due and unpaid interest thereon, shall automatically, and payable without any declaration notice or other action on the part of the Trustee or the Holders of any Holder, become immediately due and payableSecurities of such series. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 6 contracts

Samples: Xl Group PLC, Security Capital Assurance LTD, Xl Capital LTD

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(e) or 501(9(f)) with respect to Securities of any series at the time Outstanding occurs and is continuing), then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(e) or 501 (9f) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 6 contracts

Samples: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc)

Acceleration of Maturity; Rescission and Annulment. Solely with respect to the Notes, Section 6.2 of the Original Indenture shall be amended and restated in its entirety by inserting the following in lieu thereof: “If an Event of Default (other than an Event of Default with respect to the Company specified described in Section 501(86.01(8) or 501(9)(9) with respect to Securities of any series at the time Outstanding hereof) occurs and is continuing, then in every such case the Trustee by written notice to the Company, specifying the Event of Default, or the Holders of not less than at least 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, then outstanding Notes by written notice to the Company and the Trustee, may, and the Trustee at the written request of such Holders shall, declare the principal of, premium, if any, and accrued and unpaid interest, if any, on all the Notes to be due and payable. Upon such a declaration, such principal, premium, if any, and accrued and unpaid interest, if any, will be due and payable immediately. In the event of a declaration of acceleration of the Notes because an Event of Default described in Section 6.01(6) has occurred and is continuing, the declaration of acceleration of the Notes shall be automatically annulled if the default triggering such Event of Default pursuant to Section 6.01(6) shall be remedied or cured by the Company or a Restricted Subsidiary or waived by the holders of the relevant Indebtedness within 20 days after the declaration of acceleration with respect thereto and if (1) the annulment of the acceleration of the Notes would not conflict with any judgment or decree of a court of competent jurisdiction and (2) all existing Events of Default, except nonpayment of principal, premium, if any, or interest on the Notes that became due solely because of the acceleration of the Notes, have been cured or waived. If an Event of Default described in Section 6.01(8) or (9) occurs and is continuing, the principal of, premium, if any, and accrued and unpaid interest, if any, on all the Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holders. The Holders of a majority in principal amount of the outstanding Notes may waive all past defaults (except with respect to nonpayment of principal, premium or interest) and rescind and annul any such declaration acceleration with respect to the Notes and its consequences ifif (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) all existing Events of Default, other than the nonpayment of the principal of, premium, if any, and interest on the Notes that have become due solely by such declaration of acceleration, have been cured or waived.”

Appears in 6 contracts

Samples: Seventh Supplemental Indenture (Covanta Holding Corp), Supplemental Indenture (Covanta Holding Corp), Supplemental Indenture (Covanta Holding Corp)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(e) or 501(9)(f) with respect to Securities of any series at the time Outstanding occurs and is continuing, ) then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(e) or 501 (9f) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 5 contracts

Samples: China Natural Resources Inc, GTT Communications, Inc., Indenture (Advanced Battery Technologies, Inc.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(f) or 501(9(g)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(f) or 501 (9g) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, IPSO FACTO become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 5 contracts

Samples: Indenture (Harrahs Operating Co Inc), Indenture (Iron Mountain Inc/Pa), Sunrise Medical Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereontheron, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 5 contracts

Samples: Indenture (Contango Venture Capital Corp), Indenture (Contaro Co), Indenture (Contaro Co)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(7) or 501(9501(8)) with respect to Securities of any series at the time Outstanding occurs shall occur and is be continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, or if the principal amount thereof is not then determinable, such portion of the principal amount of such Securities Securities, or such other amount in lieu of such principal amount, as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and the Guarantor (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(7) or 501 (9) 8) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, or if the principal amount thereof is not then determinable, such portion of the principal amount of such Securities Securities, or such other amount in lieu of such principal amount, as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Company, the Guarantor and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 4 contracts

Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Brown Tom Inc /De

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than (a) an Event of Default with respect to the Company specified in Section 501(8501(4) or 501(9another Event of Default specified in Section 501(7) which is common to all Outstanding series of Securities or (b) an Event of Default specified in Section 501(5) or 501(6)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If (a) an Event of Default with respect to the Company specified in Section 501(8501(4) or 501 another Event of Default under Section 501(7) which is common to all Outstanding series of Securities occurs and is continuing or (9b) with respect to Securities an Event of any series at the time Outstanding occursDefault specified in Section 501(5) or 501(6) occurs and is continuing, then in every such case, the Trustee or the Holders of not less than 25% in aggregate principal amount of all the Securities of that series then Outstanding hereunder (treated as one class), by a notice in writing to the Company (and to the Trustee if given by Holders) may declare the principal amount (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued ) of all the Securities then Outstanding to be due and unpaid interest thereon, shall automaticallypayable immediately, and without upon any such declaration such principal amount (or other action on the part of the Trustee or any Holder, specified amount) shall become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 4 contracts

Samples: Indenture (Reliant Energy Inc), Noram Energy Corp/, Noram Energy Corp/

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Sections 501(g) and (h)) shall occur and be continuing with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuingthis Indenture, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Securities then Outstanding Securities may, and the Trustee at the request of that series may such Holders shall, declare the all unpaid principal amount of all the Securities of that series (orof, premium, if any any, and accrued interest on all Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediatelypayable, by a notice in writing to the Company (and to the Trustee if given by Holdersthe Holders of the Securities). Upon any such declaration, such principal, premium, if any, and upon any such declaration such principal amount interest (i) shall become due and payable immediately or specified amount), together with any accrued and unpaid interest thereon(ii) if the Credit Agreement is in effect, shall become immediately due and payablepayable upon the first to occur of an acceleration under the Credit Agreement or five business days after receipt of written notice of such declaration by the Company and the Senior Representative with respect to the Credit Agreement. If an Event of Default with respect to the Company specified in Section 501(8clause (g) or (h) of Section 501 (9) with respect occurs and is continuing, then all the Securities shall ipso facto become and be due and payable immediately in an amount equal to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereoninterest, shall automaticallyif any, to the date the Securities become due and payable, without any declaration or other action act on the part of the Trustee or any Holder. Thereupon, become immediately due the Trustee may, at its discretion, proceed to protect and payableenforce the rights of the Holders of the Securities by appropriate judicial proceedings. At any time after such After a declaration of acceleration with respect to Securities of any series has been made and the Securities, but before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesOutstanding, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 4 contracts

Samples: HBL LLC, Atlantic Auto Funding Corp, Uag Mentor Acquisition LLC

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding described in paragraph (a), (b), (c), (d), (e) or (h) of Section 501 hereof occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified described in Section 501(8paragraph (f) or (g) of Section 501 (9) with respect to Securities of any series at the time Outstanding occurshereof occurs and is continuing, then and in every such case, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof)) of all the Securities shall, together with any accrued and unpaid interest thereon, shall automatically, and without any declaration notice to the Company or any other action act on the part of the Trustee or any HolderHolder of the Securities, become and be immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 4 contracts

Samples: Indenture (New York State Electric & Gas Corp), Indenture (Energy East Corp), Energy East Corp

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) resulting from bankruptcy, insolvency or 501(9)reorganization) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If In the case of an Event of Default with respect to the Company specified in Section 501(8) resulting from bankruptcy, insolvency or 501 (9) reorganization, which occurs and is continuing with respect to Securities of any series at the time Outstanding, then all unpaid principal of and accrued interest on all such Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued shall become immediately due and unpaid interest thereon, shall automatically, and payable without any declaration notice or other action on the part of the Trustee or the Holders of any Holder, become immediately due and payableSecurities of such series. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 4 contracts

Samples: Xl Group PLC, Xl Group PLC, XL Group Ltd.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Sections 5.1(g) and (h) with respect to the Company specified in Section 501(8Company) or 501(9)) shall occur and be continuing with respect to Securities of any series at the time Outstanding occurs and is continuingthis Indenture, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Securities then Outstanding Securities may, and the Trustee at the request of that series may such Holders shall, declare the all unpaid principal amount of all the Securities of that series (orof, premium, if any any, and accrued interest on all Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediatelypayable, by a notice in writing to the Company (and to the Trustee if given by Holdersthe Holders of the Securities). Upon any such declaration, such principal, premium, if any, and upon any such declaration such principal amount interest (i) shall become due and payable immediately or specified amount), together with any accrued and unpaid interest thereon(ii) if the Credit Agreement is in effect, shall become immediately due and payablepayable upon the first to occur of an acceleration under the Credit Agreement or five Business Days after receipt of written notice of such declaration by the Company and the Senior Representative with respect to the Credit Agreement. If an Event of Default specified in clause (g) or (h) of Section 5.1 with respect to the Company specified occurs and is continuing, then all the Securities shall ipso facto become and be due and payable immediately in Section 501(8) or 501 (9) with respect an amount equal to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereoninterest, shall automaticallyif any, to the date the Securities become due and payable, without any declaration or other action act on the part of the Trustee or any Holder. Thereupon, become immediately due the Trustee may, at its discretion, proceed to protect and payableenforce the rights of the Holders of the Securities by appropriate judicial proceedings. At any time after such After a declaration of acceleration with respect to Securities of any series has been made and the Securities, but before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesOutstanding, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: Penske Automotive Group, Inc., Indenture (Penske Automotive Group, Inc.), Indenture (Penske Automotive Group, Inc.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8clause (e) or 501(9)(f) of Section 5.01) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any including all accrued and unpaid interest thereonof the Outstanding Securities of such series, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(e) or 501 (9Section 5.01(f) with respect to Securities of any series Outstanding at the time Outstanding occurs, the principal amount amount, including all accrued and unpaid interest, of all the Outstanding Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital, LTD), Indenture (American Capital Strategies LTD)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (described in Section 5.1, other than an Event of Default with respect to the Company specified in Section 501(85.1(5) or 501(9and Section 5.1(6)) , with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may may, subject to any subordination provisions thereof, declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such series) of all of the Outstanding Securities of that series and any accrued but unpaid interest thereon to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with portion thereof) and any accrued and but unpaid interest thereon, thereon shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.1(5) or 501 (9and Section 5.1(6) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may shall immediately become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee Trustees or any Holder. The Trustee shall have no obligation to accelerate the Notes if, become immediately due and payablein the reasonable judgment of the Trustee, acceleration is not in the best interest of the Holders. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made made, and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in principal amount of the Outstanding Securities of that such series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences consequences, so long as such rescission and annulment would not conflict with any judgment of a court of competent jurisdiction, if:

Appears in 3 contracts

Samples: Taseko Mines LTD, High Tide Inc., Northern Dynasty Minerals LTD

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(5) or 501(9501(6)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(5) or 501 (9501(6) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Any payments by the Company on the Securities following any such acceleration will be subject to the subordination provisions of Article 15 to the extent provided therein. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 3 contracts

Samples: Indenture (Solectron Corp), Indenture (Solectron Corp), Cypress Semiconductor Corp /De/

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any series (other than an Event of Default with respect to the Company specified in Section 501(85.01(6) or 501(9)Section 5.01(7) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case case, the Trustee or the Holders of not less than 25% a majority in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If Upon payment of said amounts, all obligations of the Company in respect of payment of principal of the Securities of such series shall terminate. Notwithstanding the foregoing, if an Event of Default specified in Section 5.01(6) or Section 5.01(7) hereof occurs with respect to the Company specified in Section 501(8) or 501 (9) with respect to Company, all Outstanding Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payablepayable without further action or notice. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: D & K Healthcare Resources Inc, D & K Healthcare Resources Inc, D & K Healthcare Resources Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(85.1(7) or 501(95.1(8)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the unpaid principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.1(7) or 501 (95.1(8) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: Indenture (California Resources Real Estate Ventures, LLC), California Resources Production Corp, California Resources Production Corp

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 5.01(7) or (8)) with respect to the Company specified in Section 501(8) or 501(9)) Securities of a series shall occur and be continuing with respect to the Securities of any series at the time Outstanding occurs and is continuingthat series, then in every such case the Trustee or the Holders of not less than at least 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of of, premium, if any, and accrued interest on all the Outstanding Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, immediately by a notice in writing to the Company and (and to the Trustee if given by Holders), the Holders of the Securities of that series) the Trustee specifying the respective Events of Default and upon any such declaration such principal amount (or specified amount), together with any accrued that it is a “notice of acceleration,” and unpaid interest thereon, the same shall become immediately due and payable. If an Event of Default specified in Section 5.01(7) or (8) occurs with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (orand is continuing with respect to the Securities of that series, then all unpaid principal of, premium, if any any, and accrued and unpaid interest on all of the Outstanding Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may shall automatically become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At After any time after such a declaration of acceleration with respect to Securities of any series has been made and specified in this Section 5.02 but before a judgment or decree for payment of the money due has been based on such acceleration is obtained by the Trustee as hereinafter in this Article providedTrustee, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, series may rescind and annul such declaration and its consequences acceleration if:

Appears in 3 contracts

Samples: Indenture (CNH Industrial Capital LLC), New Holland Credit Company, LLC, CNH Industrial Capital LLC

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(86.1(g) or 501(96.1(h)) with respect to Securities of any series at the time Outstanding occurs and is continuingcontinuing (and only in such circumstance), then in every such case the Trustee Trustees or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Issuer and the Company (and to the a Responsible Officer of each Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(g) or 501 (96.1(h) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee Trustees or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee Trustees as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Issuer or the Company and the TrusteeTrustees, may rescind and annul such declaration and its consequences if:

Appears in 3 contracts

Samples: Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.), Brookfield Asset Management Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect relating to the Company an Issuer specified in Section 501(8paragraph (9) or 501(9)(10) with respect to Securities of any series at the time Outstanding Section 501 hereof) occurs and is continuing, then in every such case the Trustee by notice to the Issuers or the Holders of not less than at least 25% in of the aggregate principal amount of the then Outstanding Securities of that any series by written notice to the Issuers and the Trustee, may declare the principal amount of all the Securities of that such series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately. Notwithstanding the foregoing, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If case of an Event of Default specified in paragraph (9) or (10) of Section 501 hereof with respect to an Issuer, all outstanding Securities shall become and be immediately due and payable without further action or notice. Holders of the Company specified Securities may not enforce this Indenture or the Securities except as provided in Section 501(8this Indenture. The Trustee may withhold from Holders of the Securities notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest) or 501 (9) with respect to if it determines that withholding notice is in such Holders’ interest. In the event the Securities of any series at are accelerated as a result of an Event of Default specified in clause 501(5)(ii) above, such Event of Default and all consequences thereof (excluding any resulting payment default, other than as a result of the time Outstanding occurs, the principal amount acceleration of all the Securities of that series (orsuch series) shall be annulled, if any Securities of that series are Original Issue Discount Securitieswaived and rescinded, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, automatically and without any declaration or other action on the part of by the Trustee or the Holders, if (i) such rescission would not conflict with any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment and (ii) within 60 days following the occurrence of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders such Event of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences ifDefault:

Appears in 3 contracts

Samples: Indenture (Directv), Indenture (Directv Holdings LLC), Indenture (Directv)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in clauses (other than an Event 1), (2) or (3) of Default Section 5.01 occurs with respect to the Company specified in Section 501(8) or 501(9)) with respect to Debt Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Debt Securities of that such series may declare the principal amount of all the Securities of that series (or, if any the Debt Securities of that such series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all the Debt Securities of that series to be due and payable immediately, by a notice in writing to the Company Issuer of such series and each Guarantor (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default described in clauses (4), (5) or (6) of Section 5.01 occurs with respect to the Company specified in Section 501(8) or 501 (9) with respect to Debt Securities of any series at and is continuing, then in every such case the time Outstanding occurs, Trustee or the Holders of not less than 25% in aggregate principal amount of all the Outstanding Debt Securities of that such affected series (voting as one class) may declare the principal amount (or, if any the Debt Securities of that such series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all the Debt Securities of such affected series to be due and payable immediately, by a notice in writing to the Issuer of such series and each Guarantor (and to the Trustee if given by Holders), together with and upon any accrued and unpaid interest thereon, such declaration such principal amount (or specified amount) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Debt Securities of any series (or all the Debt Securities of such affected series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Debt Securities of that seriessuch series (or of all the Outstanding Debt Securities of such affected series (voting as one class), as the case may be), by written notice to the Company Issuer of such series, each Guarantor and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 3 contracts

Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee Trustee, upon receipt of a request from the Holders of not less than 25% in principal amount of the Outstanding Securities of that series, shall, or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may may, declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company Operating Partnership (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (9501(7) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Operating Partnership and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 3 contracts

Samples: Vornado Realty Lp, Vornado Realty Trust, Vornado Realty Lp

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(7) or 5.01(8) occurs and is continuing, then in every such case the Trustee by notice to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of that series by notice to the Company and the Trustee, may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) all the Securities of that series to be immediately due and payable. Upon such a declaration, such principal (or portion thereof) together with accrued interest and all other amounts owing hereunder, shall be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(7) or 501 (95.01(8) with respect to Securities of any series at the time Outstanding occurs, the principal amount (or portion thereof) and accrued interest of all the Securities of that each series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may then outstanding shall become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableSecurityholders. At any time after such a declaration of acceleration with respect to Outstanding Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesseries , by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Owens & Minor Inc/Va/, Owens & Minor Distribution, Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and the Guarantor (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any all accrued and unpaid interest thereoninterest, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (9501(7) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any all accrued and unpaid interest thereoninterest, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Company, the Guarantor and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Berkshire Hathaway Inc, Berkshire Hathaway Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to any Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that (i) the series affected by such default (in the case of an Event of Default described in clause (1), (2), (3) or (7) of Section 501)or (ii) all series of Securities (subject to the immediately following sentence, in the case of an Event of Default described in clause (4) of Section 501) may declare the principal amount of all the Securities of that series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of the series affected by such default or all series, as the case may be, to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified described in Section 501(8clause (5) or (6) of Section 501 (9) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount of all the Outstanding Securities of that all series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued of that series) shall become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Viking International LTD), Indenture (Aviall Services Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding outstanding (other than an Event of Default specified in Section 7.01(g) or 7.01(h) with respect to the Company) occurs and is continuing, then and in each and every such case case, unless the principal of all of the Securities of such series shall have already become due and payable, the Trustee by notice to the Company or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that such series may by notice to the Company and the Trustee may, and the Trustee at the request of such Holders, shall, declare the principal amount of all the Securities of that series (or, if any the Securities of that such series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) of such series), premium, if any, and accrued and unpaid interest on all the Securities of such series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occursoutstanding specified in Section 7.01(g) or 7.01(h) with respect to the Company occurs and is continuing, the principal amount of all the Securities of that series (or, if any the Securities of that such series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof)of such series) premium, together with any if any, and accrued and unpaid interest thereon, on all of the Securities of such series shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableHolders. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee or entered as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that such series, by written notice to the Company and the Trustee, may waive all defaults with respect to such Securities and rescind and annul such declaration and its consequences ifif all existing Events of Default with respect to Securities of such series have been cured or waived except nonpayment of principal of, premium, if any, or interest on such Securities that has become due solely because of such acceleration. No such waiver and rescission shall affect any subsequent default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture (Hotels.com GP, LLC), Expedia, Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 501(5) or (6)) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 2530% in aggregate principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that such series (or, if any Securities of that such series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) ), together with any accrued and unpaid interest thereon, to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default specified in Section 501(5) or (6) with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that such series (or, if in the case of any Securities Security of that such series are Original Issue Discount Securitieswhich specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. Except as may otherwise be provided pursuant to Section 301 for all or any specific Securities of any series, at any time after such a declaration of acceleration with respect to the Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that such series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Blue Ridge Paper Products LLC), Reynolds Presto Products Inc.

Acceleration of Maturity; Rescission and Annulment. If Unless a Board Resolution and Officers’ Certificate or supplemental indenture hereto establishing or evidencing the establishment of a Series of Securities or the terms of the Securities of a Series pursuant to this Indenture shall provide otherwise, if an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(e) or 501(9(f)) with respect to Securities of any series at the time Outstanding occurs and is continuing), then in every such case the Trustee or the Holders of not less than 25% a majority in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(e) or 501 (9f) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration the occurrence of acceleration an Event of Default with respect to Securities of any series has been made one or more Series and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided below in this Article providedVI, the Holders of not less than a majority in aggregate principal amount of the Outstanding outstanding Securities of that seriesall affected Series (voting as one class), by written notice to the Company and the TrusteeTrustee may waive all defaults with respect to all affected Series, and may rescind and annul such declaration and its the consequences of the Event of Default, if:

Appears in 2 contracts

Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(7) or 501(9501(8)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(7) or 501 (9501(8) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Any payments by the Company on the Securities following any such acceleration will be subject to the subordination provisions of Article Fifteen to the extent provided therein. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Sun Microsystems Inc, Sun Microsystems Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(9) or 501(9(10)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable (i) with respect to an Event of Default other than an Event of Default specified in Section 501(2) with respect to Deferral Period Interest, immediately, and (ii) with respect to an Event of Default specified in Section 501(2) with respect to Deferral Period Interest, upon termination of the Deferral Period, in each case by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with and any accrued and unpaid interest thereon, shall become immediately due and payable; provided, however, that so long as the Credit Agreement or Exit Facility shall be in full force and effect, if an Event of Default shall have occurred and be continuing (other than an Event of Default specified in Section 501(9) or (10)), the Securities shall not become due and payable until the earlier to occur of (x) twenty days following delivery of written notice of such acceleration of the Securities to the agent under each of the Credit Agreement and the Exit Facility, as applicable, or (y) the acceleration (ipso facto or otherwise) of any indebtedness under the Credit Agreement or the Exit Facility. If an Event of Default with respect to the Company specified in Section 501(8501(9) or 501 (910) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all and any accrued interest on the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued then Outstanding shall ipso facto become immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action Act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Philip Services Corp/De, Philip Services Corp/De

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 5.01(6) or 5.01(7) with respect to the Company specified in Section 501(8) or 501(9)Company) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) and unpaid interest of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default specified in Section 5.01(6) or 5.01(7) with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued ) and unpaid interest thereon, thereon shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration or automatic acceleration with respect to Securities of any series has been made or has occurred and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration or automatic acceleration and its consequences if

Appears in 2 contracts

Samples: New York Times Co, New York Times Co

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(6) or 5.01(7) with respect to the Company) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) and unpaid interest of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default specified in Section 5.01(6) or 5.01(7) with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued ) and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Upon payment of such amount, all obligations of the Company in respect of the payment of principal and interest of the Securities of such series shall terminate. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Church & Dwight Co Inc /De/

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in Section 5.01(7) or 5.01(8)) occurs and is continuing, then in every such case the Trustee by notice to the Company, or the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of that series by notice to the Company and the Trustee, may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) all the Securities of that series to be immediately due and payable. Upon such a declaration, such principal (or portion thereof) together with accrued interest and all other amounts owing hereunder, shall be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(7) or 501 (95.01(8) with respect to Securities of any series at the time Outstanding occurs, the principal amount (or portion thereof) and accrued interest of all the Securities of that each series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may then outstanding shall become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableSecurityholders. At any time after such a declaration of acceleration with respect to Outstanding Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesseries , by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: O&M Halyard, Inc., O&M Halyard, Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount)) shall become immediately due and payable, together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (97) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable, together with any accrued and unpaid interest thereon. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Senior Indenture (Gasco Energy Inc), Gasco Energy Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to any Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that (i) the series affected by such default (in the case of an Event of Default described in clause (1), (2), (3) or (7) of Section 501) or (ii) all series of Securities (subject to the immediately following sentence, in the case of an Event of Default described in clause (4) of Section 501) may declare the principal amount of all the Securities of that series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of the series affected by such default or all series, as the case may be, to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified described in Section 501(8clause (5) or (6) of Section 501 (9) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount of all the Outstanding Securities of that all series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued of that series) shall become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Viking International LTD), Indenture (Aviall Services Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) resulting from bankruptcy, insolvency or 501(9)reorganization) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company Issuers (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If In the case of an Event of Default with respect to the Company specified in Section 501(8) resulting from bankruptcy, insolvency, examinership or 501 (9) reorganization, which occurs and is continuing with respect to Securities of any series at the time Outstanding, then all unpaid principal of and accrued interest on all such Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued shall become immediately due and unpaid interest thereon, shall automatically, and payable without any declaration notice or other action on the part of the Trustee or the Holders of any Holder, become immediately due and payableSecurities of such series. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Issuers and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Global Indemnity Group, Inc.), Indenture (Global Indemnity Group, Inc.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding (other than an Event of Default specified in clause (7) or (8) of Section 5.1) occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that series (orsuch series, if any Securities of that series are Original Issue Discount Securities, or such portion of the principal lesser amount of such Securities as may be specified by provided for in the terms thereof) Securities of such series, to be due and payable immediately, by a notice in writing to the Company and the Guarantor (and to the Trustee if given by the Holders), and upon any such declaration such principal or such lesser amount (or specified amount)plus all accrued interest, together with any accrued and unpaid interest thereonif any, on such Securities shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8clause (7) or 501 (9) with respect to Securities 8) of any series at the time Outstanding Section 5.1 occurs, all unpaid principal of and accrued interest (including any Additional Amounts), if any, on the principal amount of all the Outstanding Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, or such portion of the principal lesser amount of such Securities as may be specified by provided for in the terms thereof), together with any accrued Securities of such series) shall ipso facto become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableHolder of any Security of that series. At any time after such a declaration of acceleration pursuant to this Indenture with respect to the Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of not less than a majority in principal amount of the Outstanding Securities of that such series, by written notice to the Company Company, the Guarantor and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (CIT Group Funding CO of Canada), Indenture (Cit Group Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 5.01(i), (j) or (k) with respect to the Company or a Guarantor or the Event of Default specified in Section 501(8) or 501(95.01(l)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or shall, upon the request of the Holders of not less than 25% a majority in aggregate principal amount of the Outstanding Securities Outstanding, by written notice to the Company, declare all principal of that series may declare and any accrued and unpaid interest to the principal amount of all date the Securities of that series become due and payable on all outstanding Securities (or, if and any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereofAdditional Amounts relating thereto) to be immediately due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon payable. Upon any such declaration such principal amount (or specified amount), together and interest and any Additional Amounts with any accrued and unpaid interest thereonrespect thereto, shall become immediately due and payable. If an Event of Default specified in Section 5.01(i), (j) or (k) with respect to the Company or any Guarantor or the Event of Default specified in Section 501(85.01(l) or 501 (9) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then the principal amount of and accrued and unpaid interest, if any, on all the Securities of that series (or, if and any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may Additional Amounts with respect thereto shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration has been made or after any ipso facto acceleration following an Event of Default specified in Section 5.01(i), (j) or (k) with respect to Securities the Company or a Guarantor or the Event of Default specified in Section 5.01(l) above and, in any series has been made and such case, before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesOutstanding, by written notice to the Company and the Trustee, may rescind and annul such declaration of acceleration or such ipso facto acceleration following an Event of Default specified in Section 5.01(i), (j), (k) or (l), as the case may be, and its consequences if:

Appears in 2 contracts

Samples: Supplemental Indenture (Net Servicos De Comunicacao S A), Brazilian Communitary Antennae LTD

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 7.01(iv) or (v) with respect to the Company specified in Section 501(8) or 501(9)Company) with respect to any Series of Securities of any series at the time for which there are Securities Outstanding occurs and is continuing, then then, and in every such case case, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series such Series may declare the principal amount of all the Securities of that series such Series (or, if any the Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in, or determined in accordance with, the terms thereofof that Series) to be immediately due and payable immediatelypayable, by giving a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration declaration, such principal amount (or specified amount), together with any accrued and unpaid interest thereonthereof, shall become immediately due and payable. If an Event of Default specified in Section 7.01(iv) or (v) occurs with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occursand is continuing, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereon, on all of the Outstanding Securities of all Series shall automatically, automatically become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableHolders. At any time after such a declaration of an acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, such Series by written notice to the Company and the Trustee, may rescind and annul such declaration acceleration and its consequences consequences, and any Event of Default giving rise to such acceleration shall not be deemed to have occurred, if:

Appears in 2 contracts

Samples: Wal Mart Stores Inc, Wal Mart Stores Inc

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8subsection (e) or 501(9)(f) of Section 5.1) with respect to Securities of any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) ), together with accrued and unpaid interest, if any, of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8subsection (e) or 501 (9f) of Section 5.1 with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued ) of all of the Outstanding Securities of that series shall be immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities Holder of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities Security of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if.

Appears in 2 contracts

Samples: Indenture (Charah Solutions, Inc.), Greenidge Generation Holdings Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (97) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: WCR/Range GP, LLC, WCR/Range GP, LLC

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(85.1(6) or 501(95.1(7)) with respect to Securities of any series at the time Outstanding occurs shall occur and is be continuing, then and in every such case the Trustee or the Holders of not less than at least 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of and accrued but unpaid interest on all the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the Holders), ) specifying the respective Event of Default and upon any such declaration such principal amount (or specified amount), together with any accrued that it is a “notice of acceleration” and unpaid interest thereon, the same shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.1(6) or 501 (95.1(7) and with respect to Securities of any series at the time Outstanding occursshall occur and be continuing, the unpaid principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any of that series) and accrued and unpaid interest thereon, thereon shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedmade, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Indenture (PVH Corp. /De/), PVH Corp. /De/

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company outstanding Securities (other than an Event of Default specified in Section 501(88.01(g) or 501 (98.01(h) with respect to Securities of any series at the time Outstanding occurshereof) occurs and is continuing, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority at least 25% in aggregate principal amount of the Outstanding Securities of that seriesthen-outstanding Securities, by written notice to the Company and the Trustee, may declare due and payable 100% of the principal amount of all outstanding Securities plus any accrued and unpaid interest, including Special Interest, if any, to the date of payment. Upon a declaration of acceleration, such principal and accrued and unpaid interest to the date of payment shall be immediately due and payable. If an Event of Default specified in Section 8.01(g) or 8.01(h) hereof occurs, all unpaid principal of and accrued and unpaid interest, including Special Interest, if any, on the outstanding Securities shall become and be immediately due and payable, without any declaration or other act on the part of the Trustee or any Holder. Notwithstanding the foregoing or anything to the contrary set forth in this Indenture, to the extent elected by the Company, the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations set forth in Section 6.05 herein, and for any failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act, will for the first 180 days after the occurrence of such an Event of Default consist exclusively of the right to receive special interest on the Securities at an annual rate equal to 1.0% of the principal amount of the Securities (“Special Interest”). The Special Interest will accrue on all outstanding Securities from and including the date on which an Event of Default relating to a failure to comply with the reporting obligations set forth in Section 6.05 herein first occurs to but not including the 180th day thereafter (or such earlier date on which the Event of Default shall have been cured or waived). On such 180th day (or earlier, if the Event of Default relating to the reporting obligations is cured or waived prior to such 180th day), such Special Interest will cease to accrue and, if the Event of Default relating to reporting obligations has not been cured or waived prior to such 180th day, the Securities will be subject to acceleration as provided above in this Section 8.02. In the event the Company does not elect to pay Special Interest upon an Event of Default in accordance with this paragraph, the Securities will be subject to acceleration as provided above. If the Company elects to pay Special Interest as the sole remedy for an Event of Default relating to the failure to comply with the reporting obligations in Section 6.05 or for any failure to comply with the requirements of Section 314(a)(1) of the TIA, the Company will notify all Holders, the Trustee and Paying Agent of such election on or before the close of business on the date on which such Event of Default first occurs. The Holders of a majority in aggregate principal amount of the then-outstanding Securities by written notice to the Trustee may rescind and annul such declaration an acceleration and its consequences if:

Appears in 2 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(86.1(h) or 501(96.1(i)) with respect to Securities of any series at the time Outstanding occurs and is continuingcontinuing (and only in such circumstance), then in every such case the Trustee Trustees or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Issuer and the Company (and to the Trustee Trustees if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(h) or 501 (96.1(i) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee Trustees or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee Trustees as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Issuer or the Company and the TrusteeTrustees, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Brookfield Asset Management Inc., Brookfield Finance Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to any Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that (i) the series affected by such default (in the case of an Event of Default described in clause (1), (2), (3) or (7) of SECTION 501) or (ii) all series of Securities (subject to the immediately following sentence, in the case of an Event of Default described in clause (4) of SECTION 501) may declare the principal amount of all the Securities of that series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of the series affected by such default or all series, as the case may be, to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified described in Section 501(8clause (5) or (6) of SECTION 501 (9) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount of all the Outstanding Securities of that all series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may ipso facto shall become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article ARTICLE FIVE provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Grey Wolf Inc), Indenture (Grey Wolf Inc)

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Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than (a) an Event of Default with respect to the Company specified in Section 501(8501(4) or 501(9another Event of Default specified in Section 501(7) which is common to all Outstanding series of Securities or (b) an Event of Default specified in Section 501(5) or 501(6)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If (a) an Event of Default with respect to the Company specified in Section 501(8501(4) or 501 another Event of Default under Section 501(7) which is common to all Outstanding series of Securities occurs and is continuing or (9b) with respect to Securities an Event of any series at the time Outstanding occursDefault specified in Section 501(5) or 501(6) occurs and is continuing, then in every such case, the Trustee or the Holders of not less than 25% in aggregate principal amount of all the Securities of that series then Outstanding hereunder (treated as one class), by a notice in writing to the Company (and to the Trustee if given by Holders) may declare the principal amount (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued ) of all the Securities then Outstanding to be due and unpaid interest thereon, shall automaticallypayable immediately, and without upon any such declaration such principal amount (or other action on the part of the Trustee or any Holder, specified amount) shall become immediately due and payable. Payment of principal, premium, if any, and interest on such Securities shall remain subordinated to the extent provided in Article Sixteen notwithstanding that such amount shall become immediately due and payable as herein provided. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Reliant Energy Inc, Reliant Energy Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(5) or 501(9501(6)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(5) or 501 (9501(6) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. Any payments by the Company on the Securities following any such acceleration will be subject to the subordination provisions of Article 15 to the extent provided therein. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Ddi Corp, Ddi Corp

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee Trustee, upon receipt of a request from the Holders of not Less than tan 25% in principal amount of the Outstanding Securities of that series, shall, or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may may, declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (9501(7) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Alexanders Inc, Alexanders Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(f) or 501(9(g)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% a majority in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(f) or 501 (9g) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Idex Corp /De/, Abc Naco Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than with respect to an Event of Default with respect to the Company specified in Section 501(8under clause (5) or 501(9)(6) of Section 501) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company and the Guarantor (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If In the case of an Event of Default with respect to of the Company specified type set forth in Section 501(8clause (5) or 501 (96) of Section 501, which occurs and is continuing with respect to Securities of any series at the time Outstanding, then all unpaid principal of and accrued interest on all such Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued shall become immediately due and unpaid interest thereon, shall automatically, and payable without any declaration notice or other action on the part of the Trustee or the Holders of any Holder, become immediately due and payableSecurities of such series. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article Five provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Company, the Guarantor and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 2 contracts

Samples: Arch Capital (Arch Capital Group Ltd.), Arch Capital Group (Arch Capital Group Ltd.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in clause (other than an Event of Default with respect to the Company specified in Section 501(81), (2) or 501(9)(6) of Section 501 with respect to Securities of any series at the time Outstanding occurs and is continuinghas occurred, then in every such case case, during the continuance of any such Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. If an Event of Default with respect to described in clause (3) of Section 501 occurs and is continuing, then in every such case the Company specified Trustee or the Holders of not less than 25% in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series then Outstanding may declare the principal amount (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in the terms of that series) of all of the Securities to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the terms thereofHolders), together with and upon any accrued such declaration such principal amount (or specified portion thereof) shall become immediately due and unpaid payable. If an Event of Default described in clause (4) or (5) of Section 501 occurs and is continuing, the principal of and any interest thereon, shall automatically, and without any declaration or other action on the part all of the Trustee or any Holder, Securities then Outstanding shall become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 2 contracts

Samples: Indenture (Portland General Electric Co /Or/), Indenture (Portland General Electric Co /Or/)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing, and it is known to the Trustee (other than an Event of Default with respect referred to the Company specified in Section 501(8) or 501(96.1(d)or (e)) with respect to Securities of any series at the time Outstanding occurs and is continuing), then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company Issuers (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(d) or 501 (9e) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company Issuers and the Trustee, may rescind and annul such declaration and its consequences ifif all Events of Default with respect to the Securities of that Series, other than the non-payment of the principal and interest, if any, of the Securities of that Series which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 6.13. No such rescission shall affect any subsequent Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Form of Indenture (LD Acquisition Co 7 LLC)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to any Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that (i) the series affected by such default (in the case of an Event of Default described in clause (1), (2), (3) or (7) of Section 501) or (ii) all series of Securities (subject to the immediately following sentence, in the case of an Event of Default described in clause (4) of Section 501) may declare the principal amount of all the Securities of that series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of the series affected by such default or all series, as the case may be, to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders)) , and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified described in Section 501(8clause (5) or (6) of Section 501 (9) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount of all the Outstanding Securities of that all series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may IPSO FACTO shall become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Cooper Cameron Corp

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(85.01(7) or 501(95.01(8)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) and unpaid interest of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(7) or 501 (95.01(8) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if in the case of any Securities Security of that series are Original Issue Discount Securitieswhich specifies an amount to be due and payable thereon upon acceleration of the Maturity thereof, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued ) and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payablepayable without any action by the indenture trustee of the holder of the debt securities of that series. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Teucarrier (No. 3) Corp.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in clause (other than an Event of Default with respect to the Company specified in Section 501(81), (2), (3), (4), (7) or 501(9)) (8) of Section 5.01 with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the case, either Trustee if it has notice or knowledge of such Event of Default or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series series, may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series and all interest thereon to be due and payable immediately, by a notice in writing to the Company (and to the Trustee Trustees if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(5) or 501 (95.01(6) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee Trustees or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the either Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the TrusteeTrustees, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Taseko Mines LTD

Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in clause (other than an Event of Default with respect to the Company specified in Section 501(81), (2), (3), (4) or 501(9)(7) of Section 501 with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) plus accrued and unpaid interest on all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any plus accrued and unpaid interest thereon, (or specified portion thereof) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(5) or 501 (9501(6) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in principal amount (or specified amount) of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Schering Plough Corp)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(6) or 501(9501(7)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee Trustee, upon receipt of a request from the Holders of not less than 25% in principal amount of the Outstanding Securities of that series, shall, or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may may, declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company Operating Partnership (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501(6) or 501 (97) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, ) shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Operating Partnership and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Vornado Realty Trust

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than --------------------------------------------------- an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to any Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that (a) the series affected by such default (in the case of an Event of Default described in clause (a), (b), (c), (d) or (g) of Section 501) or (b) all series of Securities (subject to the immediately following sentence, in the case of other Events of Default) may declare the principal amount of all the Securities of that series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of the series affected by such default or all series, as the case may be, to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified described in Section 501(8clause (e) or (f) of Section 501 (9) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount of all the Outstanding Securities of that all series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may ipso facto shall become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (National Service Industries Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time of Securities for which there are Securities Outstanding occurs and is continuing, then then, and in every such case case, the Trustee or the Holders of not less than 25% in principal amount or, if such Securities are not payable at Maturity for a fixed principal amount, 25% of the aggregate issue price of the Outstanding Securities of that such series may declare the principal amount or Maturity Consideration of all of the Securities of that such series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) to be immediately due and payable immediatelyor deliverable, by a notice in writing to the Company (and to the Trustee if given by HoldersSecurityholders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, the same shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) payable or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payabledeliverable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money or other property due or deliverable has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount or, if such Securities are not payable at Maturity for a fixed principal amount, the aggregate issue price of the Outstanding Securities of that such series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Fleet Capital Trust Ix)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if any Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal as may be specified in the terms thereof) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of and the principal amount of such Securities as may be specified by the terms thereof) accrued and unpaid interest thereon to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or specified amount), together with any portion thereof and the accrued and unpaid interest thereon, thereon shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8clause (5) or (6) of Section 501 (9) with respect to occurs, then the principal of all Securities of any every series at and the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, thereon shall automatically, be immediately and automatically due and payable without any declaration or other action on the part necessity of further action. The Company shall notify in writing a Responsible Officer of the Trustee or Trustee, promptly upon becoming aware thereof, of any Holder, become immediately due and payableEvent of Default. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Jetblue (Jetblue Airways Corp)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuingcontinuing (other than an Event of Default specified in Section 5.01(6) or (7)), then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) of and the Make-Whole Amount, if any, on all the Securities of that series to be due and payable immediately, by a notice in writing to the Company Issuer (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or specified amount)portion thereof and Make-Whole Amount, together with any accrued and unpaid interest thereonif any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(6) or 501 (97) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then, and in every such case, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof)) of, together with any accrued on all of the Securities of that series shall become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payableholder. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Issuer and the Trustee, may rescind and annul such declaration of acceleration and its consequences if:

Appears in 1 contract

Samples: Indenture (American Standard Companies Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), provided that, in the case of the Securities of a series issued to a Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series fail to declare the principal amount (or, if the Securities of that series are Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of all the Securities of that series to be immediately due and payable, the holders of at least 25% in aggregate Liquidation Amount (as defined in the Trust Agreement under which such Trust is formed) of the corresponding series of Preferred Securities then outstanding shall have such right by written notice to the Company and the Trustee, and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Ingersoll Rand Co)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in Section 6.01 (other than an Event of Default with respect to the Company specified in Section 501(86.01(f) or 501(9(g)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount amount, if any, of the Outstanding Securities of that series may Securities, declare the principal amount of all of the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) and all interest thereon to be due and payable immediately, together with the Make-Whole Premium, if any, by a notice in writing to the Company (and to the Trustee if given by the Holders), ) and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, amounts shall become immediately due and payable. If Upon the occurrence of an Event of Default with respect to the Company specified in Section 501(86.01(f) or 501 (9) with respect to Securities of any series at the time Outstanding occursg), the principal amount of all of the Securities of that series (orSecurities, all interest thereon, and the Make-Whole Premium, if any Securities any, shall automatically and immediately become due and payable. For the avoidance of that series are Original Issue Discount Securitiesdoubt, such portion of if the principal amount of the Securities is paid on or prior to February 1, 2025, the Make-Whole Premium provided under Section 3.08 hereof shall be paid, even if such Securities payment is made following acceleration pursuant to this Section 6.02. The Company will pay the Make-Whole Premium, as may be compensation to the Holders for the loss of their investment opportunity and not as a penalty, whether or not an Event of Default specified by in Section 6.01(f) or (g) has occurred and (if an Event of Default specified in Section 6.01(f) or (g) has occurred) without regard to whether the terms thereof)event causing such Event of Default is voluntary or involuntary, together with any accrued and unpaid interest thereonor whether payment occurs pursuant to a motion, shall automaticallyplan of reorganization, or otherwise, and without regard to whether the Securities and other Notes Obligations are satisfied or released by foreclosure (whether or not by power of judicial proceeding), deed in lieu of foreclosure or by any declaration or other action on means. Any premium payable pursuant to this Section 6.02 shall be presumed to be the part liquidated damages sustained by each Holder as a result of the early repayment of the Securities and the Note Parties agree that it is reasonable under the circumstances currently existing. EACH NOTE PARTY EXPRESSLY WAIVES (TO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE MAKE-WHOLE PREMIUM IN CONNECTION WITH ANY SUCH ACCELERATION. The Company expressly agrees (to the fullest extent it may lawfully do so) that: (A) the Make-Whole Premium is reasonable and the product of an arm’s length transaction between sophisticated business people, ably represented by counsel; (B) the Make-Whole Premium shall be payable notwithstanding the then prevailing market rates at the time payment is made; (C) there has been a course of conduct between Holders and the Company giving specific consideration in this transaction for such agreement to pay the Make-Whole Premium; and (D) the Company shall be estopped hereafter from claiming differently than as agreed to in this paragraph. The Company expressly acknowledges that its agreement to pay the Make-Whole Premium to the Trustee or any Holder, become immediately due and payablefor the ratable benefit of the Holders as herein described is a material inducement to Holders to purchase the Securities. At any time after such a declaration of acceleration with respect to Securities of any series has been made and made, but before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if: ​ 60 ​

Appears in 1 contract

Samples: Indenture (Transocean Ltd.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in each and every such case case, unless the principal of all of the Securities of such series shall have become due and payable, either the Trustee or the Holders of not less than 25% in principal amount (or principal amount at maturity, as applicable) of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series and interest accrued thereon, if any, to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any portion thereof) and interest accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereonany, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedmade, the Holders of a majority in principal amount (or principal amount at maturity, as applicable) of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences ifif the rescission would not conflict with any judgment or decree and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Hughes Electronics Corp

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any series at the time Outstanding (other than an Event of Default with respect to the Company or any Guarantor specified in Section 501(8clause (7) or 501(9)(8) of Section 5.1) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that such series may declare the principal amount of all the Securities of that series (orsuch series, if any Securities of that series are Original Issue Discount Securities, or such portion of the principal lesser amount of such Securities as may be specified by provided for in the terms thereof) Securities of such series, to be due and payable immediately, by a notice in writing to the Company and Parent Guarantor (and to the Trustee if given by the Holders), and upon any such declaration such principal or such lesser amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company or any Guarantor specified in Section 501(8clause (7) or 501 (9) with respect to Securities 8) of any series at the time Outstanding Section 5.1 occurs, all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, or such portion of the principal lesser amount of such Securities as may be specified by provided for in the terms thereof), together with any accrued Securities of such series) shall ipso facto become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payableHolder of any Security of that series. At any time after such a declaration of acceleration with respect to the Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of not less than a majority in principal amount of the Outstanding Securities of that such series, by written notice to the Company Company, the Parent Guarantor and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Cintas Corp)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(85.1(8) or 501(95.1(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.1(8) or 501 (95.1(9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences ifif (1) the Company has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on all Securities of that series, (B) the principal of (and premium, if any, on) any Securities of that series which have become due otherwise than by such declaration of acceleration and any interest thereon at the rate or rates prescribed therefor in such Securities, (C) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate or rates prescribed therefor in such Securities, and (D) all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel; and (2) all Events of Default with respect to Securities of that series, other than the non-payment of the principal of Securities of that series which has become due solely by such declaration of acceleration, have been cured or waived as provided in Section 5.13. No such rescission shall affect any subsequent default or impair any right consequent thereon.

Appears in 1 contract

Samples: PHX Minerals Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs shall have occurred and is be continuing, then in every such case the Trustee or the Holders of not less than 25% a majority in aggregate principal amount of the Outstanding Securities of that series Bonds then Outstanding, considered as one class, may declare the principal amount of all the Securities of that series (or, if any Securities of that series the Bonds are Original Issue Discount SecuritiesBonds, such portion of the principal amount of such Securities Bonds as may be specified by in the terms thereofthereof as contemplated by Section 3.01) of all Bonds then Outstanding to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any premium, if any, and accrued and unpaid interest interest, if any, thereon, shall become immediately due and payable. If ; provided, however, that with respect to an Event of Default with respect to the Company specified described in Section 501(810.01(d) or 501 (9) with respect to Securities of any series at the time Outstanding occurse), the principal amount of all the Securities of that series (or, if any Securities of that series the Bonds are Original Issue Discount SecuritiesBonds, such portion of the principal amount of such Securities Bonds as may be specified by in the terms thereof), together with any accrued thereof as contemplated by Section 3.01) of all Bonds then Outstanding shall be due and unpaid interest thereon, shall automatically, and payable immediately without any declaration or other further action on the part of by the Trustee or any Holder, become immediately due and payableHolders. At any time after such a declaration of acceleration with respect to Securities of the Maturity of the Bonds then Outstanding shall have been made, but before any sale of any series of the Mortgaged Property has been made and before a judgment or decree for payment of the money due has shall have been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders Event or Events of a majority Default giving rise to such declaration of acceleration shall, without further act and notwithstanding anything to the contrary in principal amount Section 316(a) of the Outstanding Securities of that seriesTrust Indenture Act, by written notice be deemed to the Company have been waived, and the Trustee, may rescind and annul such declaration and its consequences shall, without further act, be deemed to have been rescinded and annulled, if

Appears in 1 contract

Samples: Indenture of Mortgage (PG&E Corp)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(e) or 501(9(f)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 2551% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(e) or 501 (9f) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Tivo Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in clause (other than an Event a), (b), (c), (d), (e), or (h) of Default with respect to the Company specified in Section 501(8) or 501(9)) 6.01 with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the case, either Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series series, may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series and all interest thereon to be due and payable immediately, by a notice in writing to the Company (and to the Trustee Trustees if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.01(f) or 501 (96.01(g) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee Trustees or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the either Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the TrusteeTrustees, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Uranerz Energy Corp.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in clause (other than an Event of Default with respect to the Company specified in Section 501(81), (2), (3), (4), (7) or 501(9)) (8) of Section 5.01 with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the case, either Trustee if it has written notice or actual knowledge of such Event of Default or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series series, may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series and all interest thereon to be due and payable immediately, by a notice in writing to the Company (and to the Trustee Trustees if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(5) or 501 (95.01(6) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee Trustees or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the either Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the TrusteeTrustees, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Taseko Mines LTD

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all (or, if the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), provided that, in the case of the Securities of a series issued to a Liberty Trust, if, upon an Event of Default, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series fail to declare the principal of all the Securities of that series to be immediately due and payable, the holders of at least 25% in aggregate liquidation amount of the corresponding series of Preferred Securities then outstanding shall have such right by a notice in writing to the Company and the Trustee; and upon any such declaration such principal amount (or specified amount), together with ) of and the accrued interest (including any accrued and unpaid interest thereon, Additional Interest) on all the Securities of such series shall become immediately due and payable. If an Event , provided that the payment of Default with respect principal and interest (including any Additional Interest) on such Securities shall remain subordinated to the Company specified extent provided in Section 501(8) or 501 (9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payableArticle Thirteen. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Liberty Financial Capital Trust Ii

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified or any Restricted Subsidiary described in Section 501(8) or Section 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if any Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal as may be specified in the terms thereof) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company and any Restricted Subsidiary (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof shall become immediately due and payable. If an Event of Default with respect to the Company specified or any Restricted Subsidiary described in Section 501(8) or 501 (9501(9) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, the principal amount of all and interest, if any, on the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may shall be specified by the terms thereof), together with any accrued due and unpaid interest thereon, shall automatically, and payable immediately without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and any Restricted Subsidiary and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Pseg Fossil LLC

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.1(f) or 501(9(g)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(f) or 501 (9g) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be ---------- immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Advanced Micro Devices Inc

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 5.01(i), (j) or (k) with respect to the Company specified or in Section 501(8) or 501(95.01(f)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then and in every such case the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Outstanding may, by written notice, and the Trustee upon the request of the Holders of not less than 25% in aggregate principal amount of the Securities Outstanding Securities of that series may shall, declare all principal of, premium, if any, on and any accrued and unpaid interest to the principal amount of all date the Securities of that series become due and payable on all outstanding Securities (or, if and any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereofAdditional Amounts relating thereto) to be immediately due and payable immediately, by a notice in writing to the Company (and to the Trustee Trustee, if given by the Holders), and upon . Upon any such declaration such principal amount (or specified amount)principal, together premium, if any, and interest and any Additional Amounts with any accrued and unpaid interest thereonrespect thereto, shall become immediately due and payable. If an Event of Default specified in Section 5.01(i), (j) or (k) with respect to the Company specified in or Section 501(85.01(f) or 501 (9) with respect to Securities of any series at the time Outstanding occursoccurs and is continu- ing, then the principal amount of of, premium, if any, and accrued and unpaid interest, if any, on all the Securities of that series (or, if and any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may Additional Amounts with respect thereto shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder. Except in the case of a default of a specific amount of premium due, become the amount of any premium shall be determined by interpolation between (a) the premium payable on the next succeeding date on which either Holders of Securities or the Company may optionally redeem Securities or on which the Securities mature, as applicable (a "Payment Date"), and (b) the immediately due and payablepreceding Payment Date or, if there is no immediately preceding Payment Date, 0%. At any time after such a declaration of acceleration has been made or after any ipso facto acceleration following an Event of Default specified in Section 5.01(i), (j) or (k) with respect to Securities of the Company or in Section 5.01(f) above and, in any series has been made and such case, before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesOutstanding, by written notice to the Company and the Trustee, may rescind and annul such declaration of acceleration or such ipso facto acceleration following an Event of Default specified in Section 5.01(i), (j), (k) or (f), as the case may be, and its consequences if:

Appears in 1 contract

Samples: Paging Network Do Brazil Sa

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Sections 401(g) or (h) with respect to the Company specified in Section 501(8Company) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities may, and the Trustee upon the request of that series may declare the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities shall, declare all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediatelyimmediately in an amount equal to the principal amount of the Securities, together with accrued and unpaid interest, if any, to the date the Securities shall have become due and payable, by a notice in writing to the Company (and to the Trustee Trustee, if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default specified in Sections 401(g) or (h) occurs with respect to the Company specified and is continuing, then all the Securities shall IPSO FACTO become and be immediately due and payable, in Section 501(8) or 501 (9) with respect an amount equal to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereoninterest, shall automaticallyif any, to the date the Securities become due and payable, without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as provided hereinafter in this Article providedArticle, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities, by written notice to of the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Playtex Products Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any series (other than an Event of Default with respect to the Company specified in Section 501(8clause (6) or 501(9)(7) with respect to Securities of any series at the time Outstanding Section 5.01) occurs and is continuing, then in every such case the Trustee by notice in writing to the Company, or the Holders of not less than 25% at least twenty-five percent in aggregate principal amount of the Outstanding Securities of that series by notice in writing to the Company and the Trustee, may declare the unpaid principal amount of all and accrued interest to the Securities date of that series acceleration (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) on all the Outstanding Securities of that series to be due and payable immediatelyimmediately and, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount declaration, t he Outstanding Securities of that series (or specified principal amount), together with any accrued and unpaid interest thereon, ) shall become and be immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8clause (6) or 501 (97) with respect to Securities of any series at the time Outstanding Section 5.01 occurs, all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the or specified principal amount of such Securities as may amount) shall ipso facto become and be specified by the terms thereof), together with any accrued immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any HolderHolder of any Security of that series. Upon payment of all such principal and interest, become immediately due all of the Company’s obligations under the Securities of that series and payable(upon payment of the Securities of all series) this Indenture shall terminate, except obligations under Section 6.07. At any time after such a declaration of acceleration of Maturity with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, series by written notice to the Company and the Trustee, Trustee may rescind and annul such declaration an acceleration and its consequences ifif (i) all existing Events of Default, other than the nonpayment of the principal of and interest on the Securities of that series that has become due solely by such declaration of acceleration, have been cured or waived, (ii) to the extent the payment of such interest is lawful, interest on overdue installments of interest and overdue principal that has become due otherwise than by such declaration of acceleration have been paid, (iii) the rescission would not conflict with any judgment or decree of a cour t of competent jurisdiction and (iv) all payments due to the Trustee and any predecessor Trustee under Section 6.07 have been made.

Appears in 1 contract

Samples: Indenture (Interpublic Group of Companies, Inc.)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing (other than an Event of Default with respect referred to the Company specified in Section 501(86.01(e) or 501(9(f)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.01(e) or 501 (9f) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: Indenture (Redwood Trust Inc)

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than by reason of an Event of Default with respect to the Company specified in Section 501(8clause (4) or 501(9)(5) of Section 501) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the unpaid principal amount of all and accrued interest to the Securities date of that series acceleration on (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company Issuer (and to the Trustee if given by HoldersHold- ers), and upon any such declaration declaration, such unpaid principal amount and accrued interest (or specified principal amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8clause (4) or (5) of Section 501 (9) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then all unpaid principal of and accrued interest on the principal amount of all the Outstanding Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the or specified principal amount of such Securities as may be specified by the terms thereof), together with any accrued amount) shall become immediately due and unpaid interest thereon, shall automatically, and payable without any declaration notice or other action on the part of the Trustee or any Holder, become immediately due and payablethe Holders of the Securities of such series. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company Issuer and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Mediacom Capital Corp

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8501(5) or 501(9501(6)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8) or 501 (9501(9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: EXCO Holding MLP, Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(85.01(8) or 501(95.01(9)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.01(8) or 501 (95.01(9) with respect to Securities of any series at the time Outstanding occurs, the principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified 27 by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Lynden USA Inc.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default with respect to Securities of any Series at the time outstanding occurs and is continuing, and it is known to the Trustee (other than an Event of Default with respect referred to the Company specified in Section 501(8) or 501(96.1(d)or (e)) with respect to Securities of any series at the time Outstanding occurs and is continuing), then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series may declare the principal amount of all the Securities of that series (or, if any Securities of that series Series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof such Securities) of and accrued and unpaid interest, if any, on all of the Securities of that Series to be due and payable immediately, by a notice in writing to the Company Issuers (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any ) and accrued and unpaid interest thereoninterest, if any, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(86.1(d) or 501 (9e) with respect to Securities of any series at the time Outstanding occursshall occur, the principal amount (or specified amount) of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any and accrued and unpaid interest thereoninterest, if any, on all outstanding Securities shall automatically, ipso facto become and be immediately due and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series Series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries, by written notice to the Company Issuers and the Trustee, may rescind and annul such declaration and its consequences ifif all Events of Default with respect to the Securities of that Series, other than the non-payment of the principal and interest, if any, of the Securities of that Series which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 6.13.

Appears in 1 contract

Samples: Landmark Infrastructure Finance Corp.

Acceleration of Maturity; Rescission and Annulment. If an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(85.1(7) or 501(95.1(8)) with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the unpaid principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof) to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(85.1(7) or 501 (95.1(8) with respect to Securities of any series at the time Outstanding occurs, the Table of Contents principal amount of all the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by the terms thereof), together with any accrued and unpaid interest thereon, shall automatically, and without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if:

Appears in 1 contract

Samples: California Resources Real Estate Ventures, LLC

Acceleration of Maturity; Rescission and Annulment. If Unless otherwise provided as contemplated by Section 301 with respect to any series of Securities, if an Event of Default (other than an Event of Default with respect to the Company specified in Section 501(8) or 501(9)) with respect to Securities of any series at the time Outstanding occurs and is continuingcontinuing (other than an Event of Default specified in Section 501 (f) or (g)), then then, and in every such case case, the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the Holders), and upon any such declaration such principal amount (or such specified amount), together with any accrued and unpaid interest thereon, ) shall become immediately due and payable. If an Event of Default with respect to the Company specified in Section 501(8501 (f) or 501 (9g) with respect to Securities of any series at the time Outstanding occursoccurs and is continuing, then, and in every such case, the principal amount of all the Securities of that series (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereof), together with any accrued ) of all of the Securities of that series shall become and unpaid interest thereon, shall automatically, be immediately due and payable without any declaration or other action on the part of the Trustee or any Holder, become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration acceleration and its consequences if:

Appears in 1 contract

Samples: American General Capital Iv

Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in clause (other than an Event of Default with respect to the Company specified in Section 501(81), (2) or 501(9)(10) of Section 501 with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series may declare the principal amount of all the Securities of that series (or, if any the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified by in the terms thereofof that series) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount), together with any accrued and unpaid interest thereon, portion thereof) shall become immediately due and payable. If an Event of Default with respect to the Company specified described in Section 501(8clause (3), (4), (5), (6) or (7) of Section 501 (9) with respect to Securities occurs and is continuing, then in every such case the Trustee or the Holders of any series at the time Outstanding occurs, the not less than 25% in aggregate principal amount of all the Securities of that series then Outstanding may declare the principal amount (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in the terms of that series) of all of the Outstanding Securities to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by the terms Holders) and upon any such declaration such principal amount (or specified portion thereof)) shall become immediately due and payable. If an Event of Default described in clause (8) or (9) of Section 501 occurs and is continuing, together with any accrued all Outstanding Securities shall become immediately due and unpaid interest thereon, shall automatically, and payable without any declaration or other action act on the part of the Trustee or any Holder, become immediately due and payablethe Holders. At any time after such a declaration of acceleration with respect to Securities of any series (or of all series, as the case may be) has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article Five provided, the Holders of a majority in principal amount of the Outstanding Securities of that series (or of all series, as the case may be), by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

Appears in 1 contract

Samples: Indenture (Chemtura CORP)

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