Common use of Acceleration of Maturity; Rescission Clause in Contracts

Acceleration of Maturity; Rescission. (a) If an Event of Default (other than an Event of Default specified in Section 7.01(f) or Section 7.01(g)) occurs and is continuing, the Trustee or the Holders of at least 25% of the aggregate principal amount of the Outstanding Securities, by written notice to the Issuer and the Guarantor (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of such Holders shall, subject to the Trustee’s right to receive security and/or indemnification from such Holders at its sole discretion to its satisfaction, declare all unpaid principal of, and any accrued and unpaid interest on, all the Securities (and any Additional Amounts payable in respect thereof) to be due and payable immediately. Notwithstanding the foregoing, in the event of an Event of Default specified in Section 7.01(f) or Section 7.01(g), the amounts described above shall by such fact itself automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. (b) After any such acceleration, but before a judgment or decree based on acceleration has been obtained by the Trustee, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities, by written notice to the Issuer, the Guarantor and the Trustee, may rescind and annul such acceleration if (a) the Issuer or the Guarantor has paid or deposited with the Trustee a sum sufficient to pay (1) all sums paid or advanced by the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee) under this Indenture and the reasonable compensation and properly incurred expenses, disbursements and advances of the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee), their respective agents and counsel and any other amounts due the Trustee under Section 11.01, (2) all overdue interest on all Securities, (3) the principal of any Securities which have become due otherwise than by such acceleration and interest thereon at the rate borne by the Securities, and (4) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the Securities; and (b) all Events of Default, other than the non-payment of principal of the Securities which have become due solely by such acceleration, have been waived as provided in Section 7.13 or cured. No such rescission or annulment shall affect any subsequent default or impair any right consequent thereon.

Acceleration of Maturity; Rescission. (a) If an Event of Default (other than an Event of Default specified in Section 7.01(f5.01(g) or Section 7.01(gthrough 5.01(i)) occurs and is continuingcontinuing with respect to Securities of any series, the Trustee or the Holders of at least 25% of the aggregate principal amount of the Outstanding SecuritiesSecurities of that series then Outstanding, by written notice to the Issuer and the Guarantor Company (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of such Holders shall, subject to the Trustee’s right to receive security and/or indemnification from such Holders at its sole discretion to its satisfaction, declare all unpaid principal of, and any premium, if any, and accrued and unpaid interest onInterest if any, all on the Securities of that series (and any Additional Amounts payable or, in respect the case of Securities sold at original issue discount, the amount specified in the terms thereof) to be due and payable immediately, and upon any such declaration, such principal, premium and accrued interest shall become immediately due and payable. Notwithstanding Thereupon the foregoingTrustee may, in at its discretion, proceed to protect and enforce the event rights of Holders of the Securities of that series by appropriate judicial proceeding. (b) If an Event of Default specified in Section 7.01(fany of Sections 5.01(g) or Section 7.01(g)through 5.01(i) occurs and is continuing, the amounts described above specified above, shall by such fact itself automatically ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. (bc) After a declaration of acceleration of any such accelerationseries of Securities, but before a judgment or decree based on acceleration for payment of the money due has been obtained by the Trustee, by written notice to the Company and the Trustee, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities, by written notice to the Issuer, the Guarantor and the TrusteeSecurities of such series, may rescind and annul such acceleration if declaration of acceleration, provided, in each case, that (a) the Issuer or the Guarantor Company has paid or deposited with the Trustee a sum sufficient to pay (1i) all sums paid or advanced by the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee) under this Indenture and the reasonable compensation and properly incurred compensation, expenses, disbursements and advances of the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee), their respective its agents and counsel and any other amounts due the Trustee under Section 11.01counsel, (2ii) all overdue interest Interest on all SecuritiesSecurities of that series, (3iii) the principal of any and premium, if any, on that series of Securities which have become due otherwise than by such declaration of acceleration and interest thereon at the rate borne by the Securitiesthat series, and (4iv) to the extent that payment of such interest is lawful, interest upon overdue interest Interest at the rate borne by the that series of Securities; and (b) all Events of Default, other than the non-payment of principal of the that series of Securities which that have become due solely by such the declaration of acceleration, have been waived as provided in Section 7.13 cured or cured. No such rescission or annulment shall affect any subsequent default or impair any right consequent thereonwaived.

Acceleration of Maturity; Rescission. (a) If an Event of Default (other than an Event of Default specified described in clauses (vi) and (vii) of Section 7.01(f4.01) or Section 7.01(g)) occurs with respect to the Notes shall occur and is be continuing, either the Trustee or the Holders of at least 25% of the in aggregate principal amount of the Notes then Outstanding Securities, by written notice to the Issuer and the Guarantor (and to the Trustee if such the notice is given by such Holders) may declare the Holders), may, and the Trustee at the request of such Holders shall, subject to the Trustee’s right to receive security and/or indemnification from such Holders at its sole discretion to its satisfaction, declare all unpaid principal of, amount of the Notes and any accrued and unpaid interest on, all the Securities thereon (and any Additional Amounts payable in respect thereof) to be due and payable immediatelyimmediately upon receipt of such notice. Notwithstanding the foregoing, in the event of an Event of Default specified in clauses (vi) and (vii) of Section 7.01(f) or Section 7.01(g)4.01, the amounts described above shall by such fact itself automatically become unpaid principal amount of all the Notes then Outstanding and be immediately due any accrued and payable unpaid interest thereon will automatically, and without any declaration or other act on the part of the Trustee or any Holder. (b) Holder of Notes, become immediately due and payable. After any such acceleration, a declaration of acceleration but before a judgment or decree based on acceleration for payment of the money due has been obtained by the Trustee, the Holders of at least a majority Majority in aggregate principal amount of the Outstanding SecuritiesNotes then Outstanding, by written notice to the Issuer, the Guarantor and the Trustee, may rescind and annul such declaration of acceleration if (ai) the Issuer or the Guarantor has paid or deposited with the Trustee a sum sufficient to pay (1a) all sums paid or advanced by the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee) under this Indenture and the reasonable compensation and properly incurred compensation, expenses, disbursements and advances of the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee), their respective its agents and counsel and any other amounts due the Trustee under Section 11.015.06, (2b) all overdue interest on all SecuritiesNotes, (3c) the principal of any Securities Notes which have become due otherwise than by such declaration of acceleration and interest thereon at the rate borne by the SecuritiesNotes, and (4d) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the SecuritiesNotes; and (bii) all Events of Default, other than the non-payment of principal of the Securities Notes which have become due solely by such declaration of acceleration, have been waived as provided in Section 7.13 4.11 or cured. No such rescission or annulment shall affect any subsequent default or impair any right consequent thereon.

Acceleration of Maturity; Rescission. (a) If an Event of Default (other than an Event of Default specified described in clauses (f) and (g) of Section 7.01(f4.01) or Section 7.01(g)) occurs with respect to the Notes shall occur and is be continuing, either the Trustee or the Holders of at least 25% of the in aggregate principal amount of the Notes then Outstanding Securities, by written notice to the Issuer and the Guarantor (and to the Trustee if such the notice is given by such Holders) may declare the Holders), may, and the Trustee at the request of such Holders shall, subject to the Trustee’s right to receive security and/or indemnification from such Holders at its sole discretion to its satisfaction, declare all unpaid principal of, amount of the Notes and any accrued and unpaid interest on, all the Securities thereon (and any Additional Amounts payable in respect thereof) to be due and payable immediatelyimmediately upon receipt of such notice. Notwithstanding the foregoing, in the event of an Event of Default specified in clauses (f) and (g) of Section 7.01(f) or Section 7.01(g)4.01, the amounts described above shall by such fact itself automatically become unpaid principal amount of all the Notes then Outstanding and be immediately due any accrued and payable unpaid interest thereon will automatically, and without any declaration or other act on the part of the Trustee or any Holder. (b) Holder of Notes, become immediately due and payable. After any such acceleration, a declaration of acceleration but before a judgment or decree based on acceleration for payment of the money due has been obtained by the Trustee, the Holders of at least a majority Majority in aggregate principal amount of the Outstanding SecuritiesNotes then Outstanding, by written notice to the Issuer, the Guarantor and the Trustee, may rescind and annul such declaration of acceleration if (a) the Issuer or the Guarantor has paid or deposited with the Trustee a sum sufficient to pay (1i) all ail sums paid or advanced by the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee) under this Indenture and the reasonable compensation and properly incurred compensation, expenses, disbursements and advances of the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee), their respective its agents and counsel and any other amounts due the Trustee under Section 11.015,06, (2ii) all overdue interest on all SecuritiesNotes, (3iii) the principal of any Securities Notes which have become due otherwise than by such declaration of acceleration and interest thereon at the rate borne by the SecuritiesNotes, and (4iv) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the SecuritiesNotes; and (b) all Events of Default, other than the non-payment of principal of the Securities Notes which have become due solely by such declaration of acceleration, have been waived as provided in Section 7.13 4.11 or cured. No such rescission or annulment shall affect any subsequent default or impair any right consequent thereon.

Acceleration of Maturity; Rescission. (a) If an Event of Default with respect to the Securities of any series (other than an Event of Default specified in Section 7.01(f6.01(4) or Section 7.01(g6.01(5)) occurs shall have occurred and is be continuing, the Trustee or the registered Holders of at least not less than 25% of the in aggregate principal amount of the Outstanding Securities, Securities of such series then outstanding may declare to be immediately due and payable the principal amount of all Securities of such series then outstanding by written notice to the Issuer Company and the Guarantor (and Trustee, plus accrued but unpaid interest to the Trustee if such notice is given by the Holders), may, and the Trustee at the request date of such Holders shall, subject to the Trustee’s right to receive security and/or indemnification from such Holders at its sole discretion to its satisfaction, declare all unpaid principal of, and any accrued and unpaid interest on, all the Securities (and any Additional Amounts payable in respect thereof) to be due and payable immediatelyacceleration. Notwithstanding the foregoing, in the event of In case an Event of Default specified in Section 7.01(fSections 6.01(4) or Section 7.01(g)and 6.01(5) shall occur, the amounts described above such amount with respect to all such Securities shall by such fact itself be automatically become and be immediately due and payable immediately without any declaration or other act on the part of the Trustee or any Holder. (b) the Holders of such Securities. After any such acceleration, but before a judgment or decree based on acceleration has been is obtained by the TrusteeTrustee or any other Person, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities, by written notice to the Issuer, the Guarantor and the Trustee, such series of Securities then outstanding may rescind and annul such acceleration if (ai) the Issuer or the Guarantor has paid or deposited with the Trustee a sum sufficient to pay (1) all sums paid or advanced by the Trustee or the Paying Agent (if the Issuer rescission would not conflict with any judgment or decree, (ii) if all existing Events of Default have been cured or waived except nonpayment of principal, premium or interest that has appointed a paying agent other than the Trustee) under this Indenture and the reasonable compensation and properly incurred expenses, disbursements and advances become due solely because of the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee), their respective agents and counsel and any other amounts due the Trustee under Section 11.01acceleration, (2) all overdue interest on all Securities, (3) the principal of any Securities which have become due otherwise than by such acceleration and interest thereon at the rate borne by the Securities, and (4iii) to the extent that the payment of such interest is lawful, interest upon on overdue installments of interest at and overdue principal, which has become due otherwise than by such declaration of acceleration, has been paid, (iv) if the rate borne by Company has paid the Securities; Trustee its reasonable compensation and reimbursed the Trustee for its expenses, disbursements and advances and all other amounts due to the Trustee under Section 7.07 and (bv) all Events of Default, other than in the non-payment of principal event of the Securities which cure or waiver of an Event of Default of the type described in either Section 6.01(4) or (5), the Trustee shall have become due solely by received an Officers’ Certificate to the effect that such acceleration, have Event of Default has been waived as provided in Section 7.13 cured or curedwaived. No such rescission or annulment shall affect any subsequent default Default or impair any right consequent thereonthereto. In case an Event of Default shall occur and be continuing with respect to any series of Securities, the Trustee shall be under no obligation to exercise any of its rights or powers under this Indenture at the request or direction of any of the Holders of such series of Securities, unless such Holders shall have offered to the Trustee indemnity or security reasonably satisfactory to the Trustee. Subject to Section 7.01(e), the Holders of a majority in aggregate principal amount of such series of Securities then outstanding will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to such Securities.

Acceleration of Maturity; Rescission. (a) If an Event of Default (other than an Event of Default specified in Section 7.01(f3.01(f) or Section 7.01(g3.01(g)) occurs and is continuing, the Trustee or the Holders of at least 25% of the aggregate principal amount of the Outstanding SecuritiesNotes, by written notice to the Issuer and the Guarantor (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the request of such Holders shall, subject to the Trustee’s 's right to receive security and/or indemnification from such Holders at its sole discretion to its satisfaction, satisfaction declare all unpaid principal of, and any accrued and unpaid interest on, all the Securities Notes (and any Additional Amounts payable in respect thereof) to be due and payable immediately. Notwithstanding the foregoing, in the event of an Event of Default specified in Section 7.01(f3.01(f) or Section 7.01(g3.01(g), the amounts described above shall by such fact itself automatically become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. (b) . After any such a declaration of acceleration, but before a judgment or decree based on acceleration for payment of the money due has been obtained by the Trustee, the Holders of at least a majority in aggregate principal amount of the Outstanding SecuritiesNotes, by written notice to the Issuer, the Guarantor and the Trustee, may rescind and annul such acceleration declaration if (a) the Issuer or the Guarantor has paid or deposited with the Trustee a sum sufficient to pay (1) all sums paid or advanced by the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee) under this Indenture and the reasonable compensation and properly incurred expenses, disbursements and advances of the Trustee or the Paying Agent (if the Issuer has appointed a paying agent other than the Trustee), their respective its agents and counsel and any other amounts due the Trustee under Section 11.014.06, (2) all overdue interest on all SecuritiesNotes, (3) the principal of any Securities Notes which have become due otherwise than by such declaration of acceleration and interest thereon at the rate borne by the SecuritiesNotes, and (4) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the SecuritiesNotes; and (b) all Events of Default, other than the non-payment of principal of the Securities Notes which have become due solely by such declaration of acceleration, have been waived as provided in Section 7.13 3.13 or cured. No such rescission or annulment shall affect any subsequent default or impair any right consequent thereon.