Common use of Acceleration and Annulment Thereof Clause in Contracts

Acceleration and Annulment Thereof. (a) Upon the occurrence of an Event of Default described in Section 7.1(a)(ii) hereof, the principal of all Bonds then Outstanding, together with accrued interest thereon, shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Trustee may, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer and the Company declare the principal of all Bonds then Outstanding to be immediately due and payable, and upon such declaration, the said principal, together with interest accrued thereon, shall become due and payable immediately, anything in this Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no such declaration shall be made if the Company cures such Event of Default prior to the date of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly exercise such rights as it may have under the Loan Agreement. Promptly following any declaration of acceleration (or promptly after the Trustee has knowledge of an automatic acceleration), the Trustee shall cause to be mailed notice of such acceleration by first class mail to each Owner of a Bond at his last address appearing on the registration books of the Trustee. Any defect in or failure to give such notice of such acceleration shall not affect the validity of such acceleration.

Appears in 7 contracts

Samples: Trust Indenture (York Water Co), Trust Indenture (York Water Co), Trust Indenture (York Water Co)

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Acceleration and Annulment Thereof. If any Event of Default under Section 11.01(e) occurs and is continuing, the Trustee immediately shall, and if any other Event of Default occurs and is continuing, the Trustee may (a) Upon with the occurrence consent of the Credit Facility Issuer in the case of an Event of Default described in Section 7.1(a)(ii11.01(f) hereof, the principal of all Bonds then Outstanding, together with accrued interest thereon, shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything or (g)) in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Trustee mayits discretion, and upon the written direction request of the Registered Owners holders of not less than 25% or more in principal amount of the Bonds then Outstanding and (subject to or at the provisions written direction of the Credit Facility Issuer in case of an Event of Default described in Section 8.1(b11.01(g)) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer and the Company Company, declare the principal of all Bonds then Outstanding to be immediately due and payable, and upon . Upon any such declarationdeclaration of acceleration of the Bonds, the said principalprincipal of all such Bonds, together with interest accrued thereon, shall become due and payable immediatelyimmediately at the place of payment provided therein, anything in this Indenture or in the said Bonds to the contrary notwithstanding; provided, however, that no such declaration shall be made if the Company cures such Event of Default prior to . On the date of the declaration. Upon declaration of any acceleration hereunder (whether automatic or hereunder, the Trustee, to the extent it has not already done so and without any requirement of indemnity, shall immediately, on such date, draw upon the Credit Facility, if any, to the extent permitted by declaration), all payments due under the Loan Agreement terms thereof and shall automatically become immediately due and payable and the Trustee shall promptly thereafter exercise such rights as it may have under the Loan AgreementNote and the Agreement to declare all payments thereunder to be due and payable immediately. Promptly following any If there is no Credit Facility in effect on the date of the declaration of acceleration hereunder or if the Credit Facility is not honored by the Credit Facility Issuer in full or in part, then the Trustee shall immediately exercise such rights as it may have under the Note and the Agreement to declare all payments thereunder to be due and payable immediately. Immediately after any acceleration hereunder, the Trustee, to the extent it has not already done so, shall notify in writing the Issuer, the Company, the Credit Facility Issuer, the Tender Agent, the Paying Agent and the Remarketing Agent of the occurrence of such acceleration. Within five Business Days of the occurrence of any acceleration hereunder, the Bond Registrar or the Trustee shall notify by first class mail, postage prepaid, the owners of the Bonds Outstanding of the occurrence of such acceleration, the date through which interest accrued and the time and place of payment; provided that, if a Credit Facility is then in effect, interest shall cease to accrue on the date of acceleration. If, after the principal of said Bonds has been so declared to be due and payable, all arrears of interest upon said Bonds (and interxxx xn overdue installments of interest at the rate borne by the Bonds) are paid or promptly after caused to be paid by the Issuer, and the Issuer also performs or causes to be performed all other things in respect to which it may have been in default hereunder and pays or causes to be paid the reasonable charges of the Trustee and the Bondholders, including reasonable attorneys’ fees and expenses, then, and in every such case, the holders of a majority in principal amount of the Bonds then Outstanding by notice to the Issuer and to the Trustee, may annul such declaration and its consequences and such annulment shall be binding upon the Trustee and upon all holders of Bonds issued hereunder; but no such annulment shall extend to or affect any subsequent default or impair any right or remedy consequent thereon. The Trustee shall forward a copy of any notice from the Bondholders received by it pursuant to this paragraph to the Company. The Trustee shall not annul any declaration resulting from an Event of Default under Section 11.01(e) or any other Event of Default which has resulted in a drawing under the Credit Facility unless the Trustee has knowledge of an automatic acceleration)received written confirmation from the Credit Facility Issuer that the Credit Facility has been fully reinstated. Immediately upon any such annulment, the Trustee shall cause cancel, by notice to be mailed the Company, any demand for payment of the Note made by the Trustee pursuant to this Section 11.02. The Trustee shall promptly give written notice of such acceleration by first class mail annulment to each Owner of a Bond at his last address appearing on the registration books Issuer, the Company, the Credit Facility Issuer, the Paying Agent, the Tender Agent and the Remarketing Agent, and, if notice of the Trustee. Any defect in or failure acceleration of the Bonds shall have been given to the Bondholders, the Bond Registrar shall give such notice of such acceleration shall not affect thereof to the validity of such accelerationBondholders.

Appears in 1 contract

Samples: Trust Indenture (Jersey Central Power & Light Co)

Acceleration and Annulment Thereof. (a) Upon Subject to the requirement that, so long as the Credit Facility Issuer is performing under the Credit Facility, the consent of the Credit Facility Issuer to any acceleration must be obtained in the case of an Event of Default described in subsections (c) or (g) of Section 9.1 hereof, upon the occurrence of an Event of Default, the Credit Facility Trustee may, and upon (1) the written request of the Credit Facility Issuer, or (2) the occurrence of an Event of Default described in Section 7.1(a)(iisubsection (a), (b), (d), (e) hereof, the principal of all Bonds then Outstanding, together with accrued interest thereon, shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Trustee may, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions f) of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction 9.1 hereof the Credit Facility Trustee shall, by notice in writing to the Issuer and the Company Issuer, declare the entire unpaid principal of all and interest on the Bonds then Outstanding to be immediately due and payable, ; and upon such declaration, the said principal, together with interest accrued thereon, shall become due and payable immediatelyimmediately at the place of payment provided therein, anything in this the Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no . The Credit Facility Trustee shall not be permitted to request receipt of indemnity to its satisfaction prior to such declaration shall be made if of acceleration. Upon the Company cures such Event occurrence of Default prior any acceleration hereunder, the Credit Facility Trustee, to the date extent it has not already done so, shall immediately draw upon the Credit Facility to the extent permitted by the terms thereof. Interest on the Bonds shall cease to accrue upon receipt by the Credit Facility Trustee of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due funds drawn under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly exercise such rights as it may have under the Loan Agreement. Promptly following any declaration of acceleration (or promptly after the Trustee has knowledge of an automatic acceleration), the Trustee shall cause to be mailed notice of such acceleration by first class mail to each Owner of a Bond at his last address appearing on the registration books of the Trustee. Any defect in or failure to give such notice of such acceleration shall not affect the validity of such accelerationCredit Facility.

Appears in 1 contract

Samples: Trust Indenture (Laralev Inc)

Acceleration and Annulment Thereof. (a) Upon Subject to the requirement that, so long as the Credit Facility Issuer is performing under the Credit Facility, the consent of the Credit Facility Issuer to any acceleration must be obtained in the case of an Event of Default described in subsections (c) or (g) of Section 9.1 hereof, upon the occurrence of an Event of Default, the Trustee may, and upon (1) the written request of the Credit Facility Issuer, or (2) the occurrence of an Event of Default described in subsection (a), (b), (d), (e) or (f) of Section 7.1(a)(ii) hereof, the principal of all Bonds then Outstanding, together with accrued interest thereon, shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder 9.1 hereof the Trustee may, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer and the Company Issuer, declare the entire unpaid principal of all and interest on the Bonds then Outstanding to be immediately due and payable, ; and upon such declaration, the said principal, together with interest accrued thereon, shall become due and payable immediatelyimmediately at the place of payment provided therein, anything in this the Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no . The Trustee shall not be permitted to request receipt of indemnity to its satisfaction prior to such declaration shall be made if of acceleration. Upon the Company cures such Event occurrence of Default prior any acceleration hereunder, the Trustee, to the date extent it has not already done so, shall immediately draw upon the Credit Facility to the extent permitted by the terms thereof. Interest on the Bonds shall cease to accrue upon receipt by the Trustee of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due funds drawn under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly exercise such rights as it may have under the Loan Agreement. Promptly following any declaration of acceleration (or promptly after the Trustee has knowledge of an automatic acceleration), the Trustee shall cause to be mailed notice of such acceleration by first class mail to each Owner of a Bond at his last address appearing on the registration books of the Trustee. Any defect in or failure to give such notice of such acceleration shall not affect the validity of such accelerationCredit Facility.

Appears in 1 contract

Samples: Trust Indenture (Sterile Recoveries Inc)

Acceleration and Annulment Thereof. (a) Upon Subject to the requirement that, so long as the Credit Facility Issuer is performing under the Credit Facility, the consent of the Credit Facility Issuer to any acceleration must be obtained in the case of an Event of Default described in subsections (c), (d) or (g) of Section 9.1 hereof, upon the occurrence of an Event of Default, the Credit Facility Trustee may, and upon (1) the written request of the Credit Facility Issuer, or (2) the occurrence of an Event of Default described in subsection (a), (b), (e) or (f) of Section 7.1(a)(ii) 9.1 hereof, the principal of all Bonds then Outstanding, together with accrued interest thereon, shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Credit Facility Trustee may, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer and the Company Issuer, declare the entire unpaid principal of all and interest on the Bonds then Outstanding to be immediately due and payable, ; and upon such declaration, the said principal, together with interest accrued thereon, shall become due and payable immediatelyimmediately at the place of payment provided therein, anything in this the Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no . The Credit Facility Trustee shall not be permitted to request receipt of indemnity to its satisfaction prior to such declaration shall be made if of acceleration. Upon the Company cures such Event occurrence of Default prior any acceleration hereunder, the Credit Facility Trustee, to the date extent it has not already done so, shall immediately draw upon the Credit Facility to the extent permitted by the terms thereof. Interest on the Bonds shall cease to accrue upon receipt by the Credit Facility Trustee of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due funds drawn under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly exercise such rights as it may have under the Loan Agreement. Promptly following any declaration of acceleration (or promptly after the Trustee has knowledge of an automatic acceleration), the Trustee shall cause to be mailed notice of such acceleration by first class mail to each Owner of a Bond at his last address appearing on the registration books of the Trustee. Any defect in or failure to give such notice of such acceleration shall not affect the validity of such accelerationCredit Facility.

Appears in 1 contract

Samples: Trust Indenture (Lower Road Associates LLC)

Acceleration and Annulment Thereof. (a) Upon the occurrence of an Event of Default described in Section Sections 7.1(a)(i) or 7.1(a)(ii) hereof, the principal of all Bonds then Outstandingoutstanding, together with accrued interest thereonthereon (if any), shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Trustee may, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer Issuer, the Bank, the Remarketing Agent, the Insurer and the Company declare the principal of all Bonds then Outstanding to be immediately due and payable, and upon such declaration, the said principal, together with interest accrued thereonthereon (if any), shall become due and payable immediately, anything in this Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no such declaration shall be made if the Company cures such Event of Default prior to the date of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly exercise such rights as it may have under the Loan Agreement. Promptly following any declaration of acceleration (or promptly after the Trustee has knowledge of an automatic acceleration), the Trustee shall cause to be mailed notice of such acceleration by first class mail to each Owner of a Bond at his last address appearing on the registration books of the Trustee. Any defect in or failure to give such notice of such acceleration shall not affect the validity of such acceleration.

Appears in 1 contract

Samples: Trust Indenture (York Water Co)

Acceleration and Annulment Thereof. (a) Upon Subject to the requirement that, so long as the Credit Facility Issuer is performing under the Credit Facility, the consent of the Credit Facility Issuer to any acceleration must be obtained in the case of an Event of Default described in subsections (c) or (f) of Section 9.1 hereof, upon the occurrence of an Event of Default, the Trustee may, and upon (1) the written request of the Credit Facility Issuer, or (2) the occurrence of an Event of Default described in subsection (a), (b), (c), (d) or (e) of Section 7.1(a)(ii) 9.1 hereof, the principal of all Bonds then Outstanding, together with accrued interest thereon, shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Trustee may, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer and the Company Issuer, declare the entire unpaid principal of all and interest on the Bonds then Outstanding to be immediately due and payable, ; and upon such declaration, the said principal, together with interest accrued thereon, shall become due and payable immediatelyimmediately at the place of payment provided therein, anything in this the Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no . The Trustee shall not be permitted to request receipt of indemnity to its satisfaction prior to such declaration shall be made if of acceleration. Upon the Company cures such Event occurrence of Default prior any acceleration hereunder, the Trustee, to the date extent it has not already done so, shall immediately draw upon the Credit Facility to the extent permitted by the terms thereof. Interest on the Bonds shall cease to accrue upon receipt by the Trustee of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due funds drawn under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly exercise such rights as it may have under the Loan Agreement. Promptly following any declaration of acceleration (or promptly after the Trustee has knowledge of an automatic acceleration), the Trustee shall cause to be mailed notice of such acceleration by first class mail to each Owner of a Bond at his last address appearing on the registration books of the Trustee. Any defect in or failure to give such notice of such acceleration shall not affect the validity of such accelerationCredit Facility.

Appears in 1 contract

Samples: Trust Indenture (Sterile Recoveries Inc)

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Acceleration and Annulment Thereof. (a) Upon the occurrence of an If any Event of Default described in under Section 7.1(a)(ii10.01(a), 10.01(b), 10.01(d), Section 10.01(e), or 10.01(f) hereofoccurs, then the principal of all Bonds Notes then Outstanding, together with interest accrued thereon to the date of acceleration (which date shall be within the period for which an interest thereondrawing sufficient to pay the interest accrued on the Notes to such date is available under the Credit Facility), shall automatically become immediately due and payable at the place of payment provided therein without notice, declaration, or demand, anything in this Indenture or in the Notes to the contrary notwithstanding. If any other Event of Default occurs and is continuing, the Trustee may, and upon request of the owners of 25% in principal amount of all Notes then Outstanding shall, by notice in writing to the Issuer, declare the principal of all Notes then Outstanding to be immediately due and payable; and upon such declaration the said principal, together with interest accrued thereon to the date of acceleration, shall become due and payable immediately without any declaration at the place of acceleration by the Trusteepayment provided therein, anything in this Indenture or in the Notes to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Trustee mayacceleration hereunder, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer and the Company declare the principal of all Bonds then Outstanding to be immediately due and payable, and upon such declaration, the said principal, together with interest accrued thereon, shall become due and payable immediately, anything in this Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no such declaration shall be made if the Company cures such Event of Default prior to the date of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly immediately exercise such rights as it may have under this Indenture to declare all payments hereunder and under the Loan AgreementNotes to be due and payable immediately, and to the extent it has not already done so, shall immediately draw upon the Credit Facility to the extent permitted by the terms thereof in an amount equal to the principal of all Notes then outstanding plus interest accrued thereon to the date established for payment to the Noteholders. Promptly following Immediately after any declaration acceleration hereunder, the Trustee, to the extent it has not already done so, shall notify in writing the Issuer, the Credit Facility Issuer, the Tender Agent and the Remarketing Agent of the occurrence of such acceleration. Within five days of the occurrence of any acceleration (or promptly after the Trustee has knowledge of an automatic acceleration)hereunder, the Trustee shall cause to be mailed notice of such acceleration notify by first class mail to each Owner mail, postage prepaid, the owners of a Bond at his last address appearing on the registration books all Notes Outstanding of the Trustee. Any defect in or failure to give such notice of such acceleration shall not affect the validity occurrence of such acceleration.. If, after the principal of the Notes has become due and payable, all arrears of interest upon the Notes are paid by the Issuer, and the Issuer also performs all other things in respect to which it may have been in default hereunder and pays the reasonable charges of the Trustee and the Noteholders, including reasonable attorneys' fees, then, and in every such case, the owners of a majority in principal amount of the Notes then Outstanding, by notice to the Issuer and to the Trustee, may annul such acceleration and its consequences, and such annulment shall be binding upon the Trustee and upon all owners of Notes issued hereunder; provided, however, that the Trustee shall not annul any declaration resulting from (i) an Event of Default specified in Section 10.01(d) without the prior written consent of the Credit Facility Issuer or (ii) any Event of Default which has resulted in a drawing under the Credit Facility unless the Trustee has

Appears in 1 contract

Samples: Aerovox Inc

Acceleration and Annulment Thereof. (a) Upon the occurrence happening of any Event of Default specified in Section 8.01 (other than an Event of Default specified in Section 8.01(d), (e) or (f)), the Trustee may, subject to the prior written consent of the Credit Facility Providers for the Outstanding Bonds, and shall, at the direction of such Credit Facility Providers or upon request of the Owners of twenty-five percent (25%) in aggregate Exhibit 4.19 principal amount of all Bonds Outstanding subject to the prior written consent of the Credit Facility Providers for the Outstanding Bonds (in each case so long as such Credit Facility Provider shall not be in default of its payment obligations under the Credit Facility and no Credit Facility Event of Insolvency shall have occurred), by notice in writing to the Issuer, declare the Bonds to be immediately due and payable and exercise remedies against the Issuer available under this Indenture. Upon the happening of an Event of Default described specified in Section 7.1(a)(iiSections 8.01(d) hereofor (e), the principal of all Bonds then Outstanding, together with accrued interest thereon, shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Trustee may, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer and the Company Issuer, declare the principal of all Outstanding Bonds then Outstanding to be immediately due and payable, payable and upon such declarationshall exercise the remedies against the Issuer available under this Indenture. Upon the happening of an Event of Default specified in Section 8.01(f), the said principalOutstanding Bonds shall become immediately due and payable and the Trustee shall exercise the remedies against the Issuer available under this Indenture. The Trustee shall advise the Issuer immediately of any such acceleration. Upon a declaration of acceleration, the principal so accelerated, together with interest accrued thereon, shall become due and payable immediatelyimmediately at the place of payment provided therein and interest on the Bonds so accelerated shall cease to accrue, anything in this Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no such declaration shall be made if the Company cures such Event of Default prior to the date of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly exercise such rights as it may have under the Loan Agreement. Promptly following any declaration of acceleration (or promptly after the Trustee has knowledge of an automatic acceleration)hereunder, the Trustee shall cause give prompt notice thereof to be mailed notice of such acceleration the Credit Facility Providers for the Bonds and by first class mail to each Owner the registered Owners of a Bond the Bonds of the Series so accelerated at his last address the addresses appearing on the registration books of kept by the Trustee. Any defect in or failure Paying Agent, to give such notice of such acceleration shall not affect the validity of such accelerationIssuer, to the Remarketing Agent and to the Paying Agent.

Appears in 1 contract

Samples: Trust Indenture (Connecticut Water Service Inc / Ct)

Acceleration and Annulment Thereof. (a) Upon the occurrence of an If any Event of Default described in under Section 7.1(a)(ii10.01(d), Section 10.01(e) hereofor 10.01(h) occurs, then the principal of all Bonds then Outstanding, together with interest accrued thereon to the date of acceleration (which date shall be within the period for which an interest thereondrawing sufficient to pay the interest accrued on the Bonds to such date is available under the Credit Facility), shall automatically become immediately due and payable immediately at the place of payment provided therein without any declaration of acceleration by the Trusteenotice, declaration, or demand, anything in this Indenture or in the Bonds to the contrary notwithstanding. Upon the occurrence of If any other Event of Default hereunder occurs and is continuing, the Trustee may, and upon the written direction request of the Registered Owners owners of 25% or more in principal amount of the all Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by notice in writing to the Issuer and the Company Company, declare the principal of all Bonds then Outstanding to be immediately due and payable, ; and upon such declaration, declaration the said principal, together with interest accrued thereonthereon to the date of acceleration (which date shall be within the period for which principal and interest on the Bonds is covered by the amounts available under the Letter of Credit), shall become due and payable immediatelyimmediately at the place of payment provided therein, anything in this the Indenture or in the Bonds to the contrary notwithstanding; provided, however, that no such declaration shall be made if the Company cures such Event of Default prior to the date of the declaration. Upon the occurrence of any acceleration hereunder (whether automatic or by declaration)hereunder, all payments due under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly immediately exercise such rights as it may have under (i) this Indenture to declare all payments hereunder and under the Loan AgreementBonds to be due and payable immediately and (ii) under the Agreement to declare all payments thereunder to be due and payable immediately, and to the extent it has not already done so, shall immediately draw upon the Credit Facility, if any, to the extent permitted by the terms thereof. Promptly following Immediately after any declaration acceleration hereunder, the Trustee, to the extent it has not already done so, shall notify in writing the Issuer, the Company, the Credit Facility Issuer, the Tender Agent and the Remarketing Agent of the occurrence of such acceleration. Within 5 days of the occurrence of any acceleration (or promptly after the Trustee has knowledge of an automatic acceleration)hereunder, the Trustee shall cause to be mailed notice of such acceleration notify by first class mail to each Owner mail, postage prepaid, the owners of a Bond at his last address appearing on the registration books all Bonds Outstanding of the Trustee. Any defect in or failure to give such notice of such acceleration shall not affect the validity occurrence of such acceleration.

Appears in 1 contract

Samples: Spurlock Industries Inc

Acceleration and Annulment Thereof. Subject to the requirement that the Credit Facility Issuer's consent to any acceleration must be obtained in the case of an Event of Default described in subsections (ac), (d), (e), (f), (g), or (k) Upon of Section 801 hereof, upon the occurrence of an Event of Default, the Trustee may, and upon (i) the written request of the Registered Owners of not less than 25% in aggregate principal amount of Bonds then Outstanding, (ii) the written request of the Credit Facility Issuer, or (iii) the occurrence of an Event of Default described in Section 7.1(a)(ii(a), (b), (h), (i) or (j) of Section 801 hereof, the principal of all Bonds then Outstanding, together with accrued interest thereon, shall automatically become due and payable immediately without any declaration of acceleration by the Trustee, anything in this Indenture to the contrary notwithstanding. Upon the occurrence of any other Event of Default hereunder the Trustee may, and upon the written direction of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and (subject to the provisions of Section 8.1(b) hereof) receipt of indemnity to its sole satisfaction shall, by written notice in writing to the Issuer and the Company Company, declare the entire unpaid principal of all and interest on the Bonds then Outstanding to be immediately due and payable, ; and upon such declaration, the said principal, together with interest accrued thereon, shall become due and payable immediatelyimmediately at the place of payment provided therein, anything in this Indenture or in the Bonds to the contrary notwithstanding. Upon the occurrence of any acceleration hereunder, the Trustee shall, to the extent it has not already done so, immediately draw upon the Credit Facility to the extent permitted by the terms thereof, and payment shall be made to Registered Owners as soon as practicable. Interest on the Bonds shall cease to accrue upon the declaration of acceleration by the Trustee. Immediately after any acceleration because of the occurrence of an Event of Default under Sections 801(a), (b), (h), (i) or (j), the Trustee shall notify in writing the Company and the Credit Facility Issuer of the occurrence of such acceleration. Within five days of the occurrence of any acceleration hereunder, the Trustee shall notify by first class mail, postage prepaid, the Registered Owners of all Bonds then Outstanding of the occurrence of such acceleration. If, after the principal of the Bonds has become due and payable, all arrears of interest upon the Bonds are paid by the Company, and the Company also performs all other things in respect to which it may have been in default hereunder and pays the reasonable charges of the Trustee and the Registered Owners, including reasonable attorneys' fees, then, and in every such case, the Credit Facility Issuer or the Majority Registered Owners, by written notice to the Company and the Trustee, may annul such acceleration and its consequences, and such annulment shall be binding upon the Trustee and upon all Registered Owners of Bonds, issued hereunder; provided, however, that no such declaration shall be made if the Company cures such Event of Default prior to the date of the declaration. Upon any acceleration hereunder (whether automatic or by declaration), all payments due under the Loan Agreement shall automatically become immediately due and payable and the Trustee shall promptly exercise not annul any acceleration without the consent of the Credit Facility Issuer unless such rights as it may have acceleration has resulted from the failure of the Credit Facility Issuer to honor a proper draw for payment under the Loan AgreementCredit Facility. Promptly following any declaration of acceleration (or promptly after Notwithstanding the Trustee has knowledge of an automatic acceleration)foregoing, the Trustee shall cause not annul any acceleration which has resulted from an Event of Default resulting in a drawing under the Credit Facility unless the Trustee has received written notice that the Credit Facility has been reinstated in accordance with its terms to be mailed notice of such acceleration by first class mail an amount equal to each Owner of a Bond at his last address appearing on the registration books principal amount of the TrusteeBonds then Outstanding plus 50 days' interest accrued thereon (210 days' interest if the Bonds then bear interest at the Fixed Rate) at an annual rate of 15% per annum. Any defect in or failure The Trustee shall forward a copy of any notice from Registered Owners received by it pursuant to give this paragraph to the Company. Immediately upon such annulment, the Trustee shall cancel, by notice to the Company, any demand for payment of such acceleration shall not affect the validity of such accelerationBonds made by the Trustee pursuant to this Section 802.

Appears in 1 contract

Samples: Trust Indenture (Performance Food Group Co)

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