Common use of Acceleration of Maturity, Rescission and Amendment Clause in Contracts

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h)) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h) occurs and is continuing, then the principal of and accrued and unpaid interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Notes by written notice to the Company and the Trustee may rescind or annul such declaration if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on Outstanding Notes, (B) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (C) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (D) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 6 contracts

Samples: Indenture (Latam Airlines Group S.A.), Indenture (Latam Airlines Group S.A.), Indenture (Tam S.A.)

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Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in Section 6.01(fclauses (5), (6) and (7) of Section 6.01(g6.1 above) or Section 6.01(h)) occurs shall have occurred and is continuing, either the Trustee or the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company Grupo Aval Limited, (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration noticeAcceleration Notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(fclauses (5), (6) and (7) of Section 6.01(g) or Section 6.01(h) occurs and is continuing6.1 shall have occurred, then the principal of and accrued and unpaid interest on all Notes Outstanding Notes, and Additional Amounts, if any, shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. The Notes owned by Grupo Aval Limited, Grupo Aval or any of their Affiliates shall be deemed not to be outstanding for, among other purposes, declaring the acceleration of the maturity of the Notes. At any time after a declaration of acceleration 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 ArticleArticle VI, the Holders of a majority in principal amount of the Outstanding Notes by written notice to the Company Grupo Aval Limited, with a copy to Grupo Aval, and the Trustee may rescind or annul such declaration if: (i) the Company Grupo Aval Limited has paid or deposited with the Trustee a sum sufficient to pay (Aa) all overdue interest on Outstanding the Notes, (Bb) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (Cc) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (Dd) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become became due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 3 contracts

Samples: Indenture (Grupo Aval Acciones Y Valores S.A.), Indenture (Grupo Aval Acciones Y Valores S.A.), Indenture (Grupo Aval Acciones Y Valores S.A.)

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h)) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company Issuer and the Guarantors (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h) occurs and is continuing, then the principal of and accrued and unpaid interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Notes by written notice to the Company Issuer and the Trustee may rescind or annul such declaration if: (i) the Company Issuer has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on Outstanding Notes, (B) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (C) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (D) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 3 contracts

Samples: Indenture (Azul Sa), Indenture (Azul Sa), Indenture (Azul Sa)

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h)) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company and the Guarantor (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h) occurs and is continuing, then the principal of and accrued and unpaid interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Notes by written notice to the Company and the Trustee may rescind or annul such declaration if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on Outstanding Notes, (B) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (C) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (D) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 2 contracts

Samples: Indenture (Latam Airlines Group S.A.), Indenture (Latam Airlines Group S.A.)

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in clause (7) of Section 6.01(f), Section 6.01(g) or Section 6.01(h)6.1) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes Bonds may declare all unpaid principal of and accrued and unpaid interest on all Notes Bonds to be due and payable immediately, by a notice in writing to the Company (and to the TrusteeCompany, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in clause (7) of Section 6.01(f), Section 6.01(g) or Section 6.01(h) 6.1 occurs and is continuing, then the principal of and accrued and unpaid interest on all Notes Bonds shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Notes Bonds by written notice to the Company Company, the Guarantors and the Trustee may rescind or annul such declaration if: (i) the Company or any of the Guarantors has paid or deposited with the Trustee a sum sufficient to pay (Aa) all overdue interest on Outstanding NotesBonds, (Bb) all unpaid principal of the Notes Bonds that has become due otherwise than by such declaration of acceleration, (Cc) to the extent that payment of such interest on the Notes Bonds is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (Dd) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in Section 6.01(b), Section 6.01(f), Section 6.01(g) or Section 6.01(h)) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company Issuer and the Guarantors (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(b), Section 6.01(f), Section 6.01(g) or Section 6.01(h) occurs and is continuing, then the principal of and accrued and unpaid interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration has been made the Outstanding Notes are accelerated pursuant to the paragraph above and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article, the Holders of a majority in principal amount of the Notes by written notice to the Company Issuer and the Trustee may rescind or annul such declaration if: (i) the Company Issuer has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on Outstanding Notes, (B) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (C) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (D) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Azul Sa)

Acceleration of Maturity, Rescission and Amendment. (a) If an Event of Default (other than an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h)) occurs and is continuing, the Trustee (acting solely at the written direction of the Holders of not less than 25% in principal amount of the Notes then Outstanding) or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest interest, applicable premium (if any) and any Additional Interest on all Notes to be due and payable immediately, by a notice in writing to the Company Issuer (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h) occurs and is continuing, then the principal of and accrued and unpaid interest interest, applicable premium (if any) and any Additional Interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. . (b) At any time after a declaration of acceleration 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, the Required Holders of a majority in principal amount of the Notes by written notice to the Company Issuer and the Trustee may rescind or annul such declaration if: (i) the Company Issuer has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on Outstanding Notes, (B) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (C) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional AmountsInterest) as provided herein and (D) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of of, and indemnity due to, the Trustee and Agents and their agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. . (c) No such rescission pursuant to this Section 6.02 shall affect any subsequent Default or Event of Default or impair any right consequent thereto. (d) [Reserved] (e) Upon (i) the acceleration of amounts due under the Notes in accordance with the this Section 6.02 or (ii) the occurrence of any of the Events of Default under Section 6.01(a), (b), (f), (g), (h), (i) or (l) (each, an “Enforcement Event”), the Collateral Agent shall be entitled to vote the pledged shares as directed by the Trustee (acting at the direction of the Required Holders).

Appears in 1 contract

Samples: Indenture (Grupo Aeromexico, S.A.B. De C.V.)

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in Section 6.01(f6.01(g), Section 6.01(g6.01(h) or Section 6.01(h)6.01(i) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(f6.01(g), Section 6.01(g6.01(h) or Section 6.01(h6.01(i) occurs and is continuing, then the principal of and accrued and unpaid interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Notes by written notice to the Company and the Trustee may rescind or annul such declaration if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on Outstanding Notes, (B) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (C) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (D) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Cosan Ltd.)

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in clause (f) of Section 6.01(f), Section 6.01(g) or Section 6.01(h)6.1) occurs and is continuing, the Trustee (acting at the written direction of Holders of at least 25% in Principal amount of the Notes) or the Holders of not less than 25% in principal Principal amount of the Outstanding Notes may declare all unpaid principal Principal of and Premium, if any, and accrued and unpaid interest Interest on all Notes to be due and payable immediately, by a notice in writing to the Company (and with a copy to the Trustee, if the notice is given provided by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration declarations such amounts shall become due and payable immediately. If an Event of Default specified in clause (f) of Section 6.01(f), Section 6.01(g) or Section 6.01(h) 6.1 occurs and is continuing, then the principal Principal of and Premium, if any, and accrued and unpaid interest Interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal Principal amount of the Notes by written notice to the Company and the Trustee may rescind or annul such declaration if: (ia) the Company has paid or deposited with the Trustee a sum sufficient to pay (Ai) all overdue interest Interest on Outstanding Notes, (Bii) all unpaid principal Principal of and Premium, if any, on the Notes that has have become due otherwise than by such declaration of acceleration, (Ciii) to the extent that payment of such interest Interest on the Notes is lawful, interest on such overdue interest Interest (including any Additional Amounts) as provided herein and (Div) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (iib) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal Principal that has become due solely because of acceleration. In the case of any Event of Default referred to in clauses (d)(i) and/or (d)(ii) of Section 6.1, such Event of Default will be automatically rescinded or annulled if the Payment Default and/or the acceleration of the Debt referred to therein is remedied or cured by the Company or such Subsidiary or waived by the holders of such Debt within 30 days after the Payment Default and/or acceleration in respect of such Debt. No such rescission or annulment referred to in either of the two preceding paragraphs of this Section 6.2 shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (BM&FBOVESPA S.A. - Securities, Commodities & Futures Exchange)

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Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in Section 6.01(f6.01(g), Section 6.01(g6.01(h) or Section 6.01(hSection 6.01 (i)) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(f6.01(g), Section 6.01(g6.01(h) or Section 6.01(h6.01(i) occurs and is continuing, then the principal of and accrued and unpaid interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Outstanding Notes by written notice to the Company and the Trustee may rescind or annul such declaration if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay (A1) all overdue interest on Outstanding Notes, (B2) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (C3) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (D4) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Cosan Ltd.)

Acceleration of Maturity, Rescission and Amendment. (a) If an Event of Default with respect to the Notes (other than an Event of Default specified in Section 6.01(f), Section 6.01(g4.01(f) or Section 6.01(h)4.01(g) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(hhereof) occurs and is continuing, then the Trustee or the Holders of at least 25% of the Outstanding principal amount of the Notes, voting together as a single class, may declare the principal of and accrued interest on all the Notes to be due and payable by notice in writing to the Company and the Trustee specifying the respective Event of Default and that it is a “Notice of Acceleration” and the same shall become immediately due and payable. Notwithstanding the foregoing, if an Event of Default specified in Section 4.01(f) or Section 4.01(g) hereof occurs and is continuing, then all unpaid principal of and premium, if any, and accrued and unpaid interest on all the Notes shall automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Holder of the Notes. (b) At any time after such a declaration of acceleration with respect to the Notes has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided described in this ArticleSection 4.02(a) hereof, the Holders of a majority in principal amount of the Outstanding Notes (including additional Notes, if any), by written notice to the Company and the Trustee Trustee, may rescind or and annul such declaration and its consequences if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay pay: (A) all overdue installments of interest on Outstanding and any Additional Amounts with respect to the Notes, ; (B) all unpaid the principal of the (and premium, if any, on) any Notes that has which have become due otherwise than by such declaration of acceleration, acceleration and interest thereon at the rate borne by the Notes and any Additional Amounts; (C) to the extent that payment of such interest on the Notes or Additional Amounts is lawful, interest on such upon overdue interest (including and any Additional Amounts) as provided herein and Amount at the rate borne by the Notes; and (D) all sums paid or advanced by to the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (iiE) all Events of Default with respect to the Notes, other than the non-payment of the principal of the Notes which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 6.13 other than 5.13 of the nonpayment of principal that has become due solely because of accelerationBase Indenture. No such rescission shall affect any subsequent Default or Event of Default default or impair any right consequent theretothereon.

Appears in 1 contract

Samples: Supplemental Indenture (Thomas & Betts Corp)

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in clause (7) of Section 6.01(f), Section 6.01(g) or Section 6.01(h)6.1) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued interest (including Additional Interest, if any) on, and unpaid interest on any Additional Amounts due with respect to, all Notes to be due and payable immediately, by a notice in writing to the Company or the Guarantor, as the case may be (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in clause (7) of Section 6.01(f), Section 6.01(g) or Section 6.01(h) 6.1 occurs and is continuing, then the principal of and accrued interest (including Additional Interest, if any) on, and unpaid interest on any Additional Amounts due with respect to, all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Notes by written notice to the Company and the Trustee may rescind or annul such declaration if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay (Aa) all overdue interest (including Additional Interest, if any) on Outstanding Notes, (Bb) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (Cc) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) Interest, if any), as provided herein (d) any Additional Amounts due with respect to the Notes and (De) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Empresa Brasileira De Aeronautica S.A.)

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h)) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued and unpaid interest on all Notes to be due and payable immediately, by a notice in writing to the Company (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in Section 6.01(f), Section 6.01(g) or Section 6.01(h) occurs and is continuing, then the principal of and accrued and unpaid interest on all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Notes by written notice to the Company and the Trustee may rescind or annul such declaration if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on Outstanding Notes, (B) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (C) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) as provided herein and (D) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Cosan Ltd.)

Acceleration of Maturity, Rescission and Amendment. If an Event of Default (other than an Event of Default specified in clause (8) of Section 6.01(f), Section 6.01(g) or Section 6.01(h)6.1) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued interest (including Additional Interest, if any) on, and unpaid interest on any Additional Amounts due with respect to, all Notes to be due and payable immediately, by a notice in writing to the Company or the Guarantor, as the case may be (and to the Trustee, if the notice is given by the Holders), stating that such notice is an “acceleration notice,” and upon any such declaration such amounts shall become due and payable immediately. If an Event of Default specified in clause (8) of Section 6.01(f), Section 6.01(g) or Section 6.01(h) 6.1 occurs and is continuing, then the principal of and accrued interest (including Additional Interest, if any) on, and unpaid interest on any Additional Amounts due with respect to, all Notes shall become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. At any time after a declaration of acceleration 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, the Holders of a majority in principal amount of the Notes by written notice to the Company and the Trustee may rescind or annul such declaration if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay (Aa) all overdue interest (including Additional Interest, if any) on Outstanding Notes, (Bb) all unpaid principal of the Notes that has become due otherwise than by such declaration of acceleration, (Cc) to the extent that payment of such interest on the Notes is lawful, interest on such overdue interest (including any Additional Amounts) Interest, if any), as provided herein (d) any Additional Amounts due with respect to the Notes and (De) all sums paid or advanced by the Trustee and Agents hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee and Agents and their Trustee, its agents and counsel; and (ii) all Events of Default have been cured or waived as provided in Section 6.13 other than the nonpayment of principal that has become due solely because of acceleration. No such rescission shall affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Embraer S.A.)

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