ACCELERATED MATURITY. If an Event of Default shall have occurred and be continuing, the Indenture Trustee may declare, or upon the written direction by the Registered Owners of at least 66% of the principal amount of the Highest Priority Obligations then Outstanding, shall declare, the principal of all Obligations then Outstanding, and the interest thereon, if not previously due, immediately due and payable, anything in the Obligations or this Indenture to the contrary notwithstanding; provided, however, that for a declaration of acceleration upon a default pursuant to Section 6.01(e) hereof shall require the consent of a majority of the Registered Owners of the principal amount of the Highest Priority Obligations then Outstanding.
ACCELERATED MATURITY. 7.1 Without prejudice to any of its other rights and obligations, the Lender may, at its option, terminate all of its obligations under this Agreement with immediate effect, and demand immediate payment of all of its claims under this Agreement in their nominal amount, by notifying the Borrower in writing if one of the following events (a “Ground for Repayment”) occurs:
ACCELERATED MATURITY. If an Event of Default shall have occurred and be continuing, the Trustee may declare, or upon the written direction by the Registered Owners of at least 51% of the collective aggregate principal amount of the Outstanding Senior Notes and each Swap Counterparty secured on a parity with the Senior Notes, if required by the related Swap Agreement (or if no Senior Notes or Swap Agreements secured on a parity with the Senior Notes are Outstanding hereunder, then upon the written direction of the Registered Owners of at least 51% of the collective aggregate principal amount of the Outstanding Subordinate Notes and each Swap Counterparty secured on a parity with the Subordinate Notes, if required by the related Swap Agreement) (or if no Senior Notes or Swap Agreements secured on a parity with the Senior Notes or Subordinate Notes or Swap Agreements secured on a parity with the Subordinate Notes are Outstanding hereunder, then upon the written direction of the Registered Owners of at least 51% of the collective aggregate principal amount of the Outstanding Junior-Subordinate Notes and each Swap Counterparty secured on a parity with the Junior-Subordinate Notes, if required by the related Swap Agreement), and shall declare, the principal of all Notes issued hereunder, or any supplement hereto, and then Outstanding, and the interest thereon, if not previously due, immediately due and payable, anything in the Notes or in this Indenture to the contrary notwithstanding; provided, however, that a declaration of acceleration upon a default pursuant to Section 6.01(g) hereof shall require the consent of 100% of the Registered Owners of the collective aggregate principal amount of the appropriate series of Notes and Swap Agreements, as described above.
ACCELERATED MATURITY. Without prejudice to any of its other rights and obligations, the Payee may, at its option, terminate all of its obligations under this Note with immediate effect, and demand immediate payment of all of its claims under this Note in their nominal amount, by notifying the Obligor in writing, if (i) the Obligor does not pay on the due date any amount payable pursuant to the Note at the place and in the currency in which it is expressed to be payable, or (ii) any corporate action, legal proceedings or other procedure or steps (including the appointment of any liquidator, receiver, administrator or similar officer) is taken in relation to, the winding up, dissolution, administration or reorganisation of the Obligor or any #10338536v8 suspension of payments or bankruptcy or moratorium or settlement of any indebtedness of any Obligor, or any analogous procedure or step is taken in any jurisdiction.
ACCELERATED MATURITY. All of the sums owed in principal, penalties for late payment, costs and additional charges will become immediately payable in the event of liquidation or discontinuation of the operations or business of the BORROWER and in all the cases of expiry of the term stipulated by the law. The sums are also payable, if the LENDER sees fit, five days after notification to the BORROWER by registered letter with request for acknowledgement of receipt, without need for any judicial formality, in one of the following cases: • in the event of non-fulfilment or violation of any one of the commitments made by the BORROWER, particularly in the event of non-payment in due time to the LENDER of a sum which has become payable • in the event of a change of activity of the BORROWER or sale of its business without the LENDER’s prior consent • in the event of suspension or abandonment of the financed project without prior informing of the LENDER, • in the event of merger, demerger, dissolution or transfer of the BORROWER’s company in a mutual agreement procedure or collective proceedings, • in the event of sale, without the LENDER’s prior consent, or all or some of the stocks, shares or voting rights of the borrowing company or of one of its subsidiaries, • in the event of a BORROWER payment incident declared to the Banque de France, • in the event of incorrect declaration of the BORROWER, • in the event of occurrence of an important event of a legal or financial nature which has major effects on the Borrower’s activity or profitability, • in the event of assignment of the funds to uses which the LENDER considers not to be in line with the purpose of the loan after checking of the supporting documents presented by the BORROWER. The sums thus becoming payable will lead to penalties for late payment. Liability for the loan will be applicable to any jointly liable party. In addition, in the event of joint and several liability between several BORROWERS, the opening judgement of a safeguard, receivership or liquidation procedure pronounced against one BORROWER will automatically lead to recoverability of the sums still owed from the other BORROWER(s). The same will be the case in the event of discontinuation of business, dissolution or voluntary liquidation of one of the BORROWERS.
ACCELERATED MATURITY. If an Event of Default shall have occurred and be continuing, the Indenture Trustee may declare, or upon the written direction by the Noteholders of at least a majority of the principal amount of the Highest Priority Obligations then Outstanding, shall declare, the principal of all Obligations then Outstanding, and the interest thereon, if not previously due, immediately due and payable, anything in the Obligations or this Indenture to the contrary notwithstanding; provided, however, that a declaration of acceleration upon a default pursuant to Section 5.1(c) or (d) shall require the consent of a majority of the Noteholders of the principal amount of Class A Notes then Outstanding and a majority of the Noteholders of the principal amount of Class B Notes then Outstanding. If the Outstanding Obligations have been declared due and payable, such Outstanding Obligations shall be paid in the order of priority set forth in Section 5.2.
ACCELERATED MATURITY. Any breach of the terms and conditions of this Contract by the Borrowing Corporation will accelerate the maturity of the obligations agreed to hereby, as well as of all obligations entered into by its affiliates and subsidiaries with the BANK.
ACCELERATED MATURITY. The Maturity Date of the Term Loans will be accelerated, automatically and without any action on the part of Borrower, Administrative Agent or any Lender, to April 2, 2010 unless, prior to January 1, 2010, either (a) Borrower refinances the Convertible Subordinated Notes, in whole and not in part, with new Subordinated Debt having a maturity date not earlier than 120 days after the Maturity Date of the Term Loans (provided that in the event Indebtedness under the Second Lien Loan Agreement (or any refinancing or replacement thereof pursuant to Section 7.10(c)) contains a provision similar to this Section 2.12, the maturity date of such new Subordinated Debt must be no earlier than the maturity date required pursuant to the Second Lien Loan Agreement (or other agreement relating to the refinancing or replacement thereof) to not cause an accelerated maturity date thereunder), or (b) the Convertible Subordinated Notes have been converted to equity, in whole and not in part, and in either such case, Borrower has delivered evidence thereof reasonably satisfactory to Administrative Agent.
ACCELERATED MATURITY. Notwithstanding the foregoing, in the event that the Conditions to Accelerated Maturity (as defined below) are satisfied, then the Company shall have the right to send a written notice (the "Accelerated Maturity Notice") to the Holder on the Business Day immediately after the Measuring Period (as defined below) (the "Accelerated Maturity Notice Date") indicating that the Expiration Date shall be accelerated to not earlier than the thirtieth (30th) day (the "Warrant Cancellation Date") following receipt of such written notice; provided, that nothing in this subsection shall prevent the Holder from exercising this Warrant, in whole or part, prior to such accelerated Expiration Date. "Conditions to Accelerated Maturity" means the following conditions: (i) the Common Stock shall have traded at or above $3.50 per share on each day during the twenty (20) consecutive Trading Days immediately prior to the Accelerated Maturity Notice Date; (ii) on each day during the period beginning forty-five (45) days prior to the applicable date of determination and ending on and including the applicable date of determination (the "Measuring Period"), (x) the Registration Statement filed pursuant to the Registration Rights Agreement shall be effective and available for the resale of all remaining Warrant Shares in accordance with the terms of the Registration Rights Agreement and there shall not have been any Grace Periods (as defined in the Registration Rights Agreement) or (y) all shares of Common Stock issuable upon exercise of the Warrants shall be eligible for sale without restriction and without the need for registration under any applicable federal or state securities laws; (iii) the Company shall have no knowledge of any fact that would cause (x) the Registration Statement required pursuant to the Registration Rights Agreement not to be effective and available for the resale of all remaining Warrant Shares in accordance with the terms of the Registration Rights Agreement or (y) any shares of Common Stock issuable upon exercise of the Warrants not to be eligible for sale without restriction pursuant to Rule 144(k) and any applicable state securities laws; (iv) during the twenty (20) consecutive Trading Days immediately prior to the Accelerated Maturity Notice Date an average of 500,000 shares of Common Stock shall have traded per day; provided, that all trades executed by the Holder or any Affiliate thereof shall be disregarded for purposes of determining compliance with...
ACCELERATED MATURITY. 16.1) The Parties may declare the anticipated expiry of this Contract being the debt payable and any disbursement immediately suspended if, besides the hypotheses contemplated by Law, specially the non fulfillment of any obligation here agreed upon by the Beneficiary and/or Intervenients, before any of the Financial Agents, or also if the following should occur:
