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

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than as specified in clauses (f) and (g) of Section 7.1) occurs and is continuing, then in every such case, unless the principal of all the Securities shall have already become due and payable, either the Trustee or the Holders of at least 25% of the principal amount of the Securities then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by such Holders) (an "Acceleration Notice"), may, and the Trustee at the request of such Holders shall, declare all unpaid principal of, premium, if any, and accrued interest (and Liquidated Damages, if any) on all Securities to be due and payable and thereupon the Trustee may, at its discretion, proceed to protect and enforce the rights of the Holders of the Securities by appropriate judicial proceeding. If an Event of Default specified in clause (f) or (g) occurs and is continuing, then the principal of all Securities shall ipso facto become and be immediately due and payable without any declaration or other act of the Trustee or any Holder. After a declaration of acceleration, but before a judgment or decree for payment of the money due has been obtained by the Trustee, the Holders of a majority in aggregate principal amount of Securities outstanding, by written notice to the Issuers and the Trustee, may annul such declaration if: (a) the Issuers have paid or deposited with the Trustee a sum sufficient to pay: (i) all sums paid or advanced by the Trustee under this Indenture and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel,

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than as an Event of Default specified in clauses Section 6.1(5) or (f6) and (g) relating to the Company or any of Section 7.1its Significant Subsidiaries) occurs and is continuing, then in every At any time after such case, unless the principal of all the Securities shall have already become due and payable, either the Trustee or the Holders of at least 25% of the principal amount of the Securities then outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by such Holders) (an "Acceleration Notice"), may, and the Trustee at the request of such Holders shall, declare all unpaid principal of, premium, if any, and accrued interest (and Liquidated Damages, if any) on all Securities to be due and payable and thereupon the Trustee may, at its discretion, proceed to protect and enforce the rights of the Holders of the Securities by appropriate judicial proceeding. If an Event of Default specified in clause (f) or (g) occurs and is continuing, then the principal of all Securities shall ipso facto become and be immediately due and payable without any declaration or other act of the Trustee or any Holder. After a declaration of acceleration, but acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the TrusteeTrustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of Securities outstandingthen outstanding Securities, by written notice to the Issuers Company and the Trustee, may annul rescind, on behalf of all Holders, any such declaration of acceleration if: (a1) the Issuers have Company has paid or deposited with the Trustee a sum Cash sufficient to pay: (iA) all overdue interest on all Securities, (B) the principal of (and premium, if any, applicable to) any Securities which would then be due otherwise than by such declaration of acceleration, and interest thereon at the rate borne by the Securities, (C) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the Securities, (D) all sums paid or advanced by the Trustee under this Indenture hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel,; and (2) all Events of Default, other than the non-payment of the principal of and premium, if any, and interest on Securities that have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 6.12, including, if applicable, any Event of Default relating to the covenants contained in Section 10.1. Notwithstanding the previous sentence of this Section 6.2, no waiver shall be effective against any Holder for any Event of Default or event which with notice or lapse of time or

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than as an Event of Default specified in clauses Section 6.1(6) or (f7) and (g) of Section 7.1relating to the Company) occurs and is continuing, then then, and in every such case, unless the principal of all of the Securities shall have already become due and payable, either the Trustee or the Holders of at least not less than 25% of the in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written a notice in writing to the Issuers Company (and to the Trustee if such notice is given by such Holders) (an "Acceleration Notice"), may, and the Trustee at the request of such Holders shall, may declare all unpaid of the principal ofof the Securities (or the Repurchase Price if the Event of Default includes failure to pay the Repurchase Price, premiumdetermined as set forth below), if any, and including in each case accrued interest (thereon and Liquidated Damages, if any) on all Securities , with respect thereto, to be due and payable and thereupon the Trustee may, at its discretion, proceed to protect and enforce the rights of the Holders of the Securities by appropriate judicial proceedingimmediately. If an Event of Default specified in clause (fSection 6.1(6) or (g7) occurs relating to the Company occurs, all principal, accrued interest thereon and is continuingLiquidated Damages, then the principal of all Securities shall ipso facto become and if any, with respect thereto will be immediately due and payable on all outstanding Securities without any declaration or other act on the part of the Trustee or the Holders. At any Holder. After time after such a declaration of acceleration, but acceleration has been made and before a judgment or decree for payment of the money due has been obtained by the TrusteeTrustee as hereinafter provided in this Article VI, the Holders of no less than a majority in aggregate principal amount of Securities outstandingthen outstanding Securities, by written notice to the Issuers Company and the Trustee, may annul rescind, on behalf of all Holders, any such declaration of acceleration if: (a1) the Issuers have Company has paid or deposited with the Trustee a sum Cash sufficient to pay: (iA) all overdue interest on, and Liquidated Damages, if any, with respect to, all Securities, (B) the principal of (and premium, if any, applicable to) any Securities which would then be due otherwise than by such declaration of acceleration, and interest thereon at the rate borne by the Securities, (C) to the extent that payment of such interest is lawful, interest upon overdue interest and Liquidated Damages, if any, at the rate borne by the Securities, (D) all sums paid or advanced by the Trustee under this Indenture hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel,, and (2) all Events of Default, other than the non-payment of the principal of, premium, if any, interest on and Liquidated Damages, if any, with respect to Securities that have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 6.12, including, if applicable, any Event of Default relating to the covenants contained in Section 11.1. Notwithstanding the previous sentence of this Section 6.2, no waiver shall be effective against any Holder for any Event of Default or event which with notice or lapse of time or both would be an Event of Default with respect to any covenant or provision which cannot be modified or amended without the consent of the Holder of each outstanding Security affected thereby, unless all such affected Holders agree, in writing, to waive such Event of Default or other event. No such waiver shall cure or waive any subsequent Default or Event of Default or impair any right consequent thereon.

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than as an Event of Default specified in clauses (fSection 6.1(e) and (gor Section 6.1(f) relating to the Company or any of Section 7.1its Subsidiaries) occurs and is continuing, then then, and in every such case, unless the principal of all of the Securities Notes shall have already become due and payable, either the Trustee or the Holders of at least not less than 25% of the in aggregate principal amount of the Securities then outstandingoutstanding Notes, by written a notice in writing to the Issuers Company (and to the Trustee if such notice is given by such Holders) (an "Acceleration Notice"), may, and the Trustee at the request of such Holders shall, may declare all unpaid of the principal ofof the Notes, premiumdetermined as set forth below, if any, and including in each case accrued interest (and Liquidated Damagesthereon, if any) on all Securities to be due and payable and thereupon the Trustee may, at its discretion, proceed to protect and enforce the rights of the Holders of the Securities by appropriate judicial proceedingimmediately. If an Event of Default specified in clause Section 6.1(e) or (f) relating to the Company or (g) occurs any of its Subsidiaries occurs, all principal and is continuing, then accrued interest on the principal of all Securities Notes shall ipso facto become and be immediately due and payable on all outstanding Notes without any declaration or other act on the part of the Trustee or the Holders. At any Holder. After time after such a declaration of acceleration, but acceleration being made and before a judgment or decree for payment of the money due has been obtained by the TrusteeTrustee as hereinafter provided in this Article VI, the Holders of a majority in aggregate principal amount of Securities outstandingthen outstanding Notes, by written notice to the Issuers Company and the Trustee, may annul waive, on behalf of all Holders, any such declaration of acceleration if: (a) the Issuers have Company has paid or deposited with the Trustee a sum sufficient to pay: : (i1) all accrued but unpaid interest on all Notes, (2) the principal of (and premium, if any, applicable to) any Notes which would become due otherwise than by such declaration of acceleration, and accrued but unpaid interest thereon at the rate borne by the Notes, (3) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the Notes, and (4) all sums paid or advanced by the Trustee under this Indenture hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel,; and (b) all Events of Default, other than the non-payment of the principal of, premium, if any, and interest on Notes which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 6.12.