Acceleration of Maturity: Waiver of Past Defaults and Rescission. (a) If an Event of Default (other than those specified in Section 8.01(i) and Section 8.01(j), and as otherwise provided in Section 8.03) occurs and is continuing, then and in every such case the Trustee by written notice to the Company, or the Holders of not less than 25% in aggregate principal amount of the outstanding Securities by written notice to the Company or the Trustee, may, and the Trustee at the request of such Holders shall, declare 100% of the principal amount plus accrued and unpaid interest (including Additional Interest, if any) on all the outstanding Securities to be due and payable, and upon any such declaration such principal amount plus accrued and unpaid interest (including Additional Interest, if any) shall become immediately due and payable. Notwithstanding the foregoing, in the case of an Event of Default specified in Section 8.01(i) or Section 8.01(j), 100% of the principal amount plus accrued and unpaid interest (including Additional Interest, if any) on all outstanding Securities will automatically become immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Any payments by the Company on the Securities following any such acceleration will be subject to the subordination provisions of Article 14 to the extent provided therein.
Appears in 4 contracts
Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)
Acceleration of Maturity: Waiver of Past Defaults and Rescission. (a) If an Event of Default (other than those specified in Section 8.01(i) and Section 8.01(j), and as otherwise provided in Section 8.03) occurs and is continuing, then and in every such case the Trustee by written notice to the Company, or the Holders of not less than 25% in aggregate principal amount of the outstanding Securities by written notice to the Company or the Trustee, may, and the Trustee at the request of such Holders shall, declare 100% of the principal amount plus accrued and unpaid interest (including Additional Interest, if any) on all the outstanding Securities to be due and payable, and upon any such declaration such principal amount plus accrued and unpaid interest (including Additional Interest, if any) shall become immediately due and payable. Notwithstanding the foregoing, in the case of an Event of Default specified in Section 8.01(i) or Section 8.01(j), 100% of the principal amount plus accrued and unpaid interest (including Additional Interest, if any) on all outstanding Securities will automatically become immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Any payments by the Company on the Securities following any such acceleration will be subject to the subordination provisions of Article 14 to the extent provided therein.
Appears in 2 contracts
Samples: Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)
Acceleration of Maturity: Waiver of Past Defaults and Rescission. (a) If an Event of Default (other than those specified in Section 8.01(i9.01(h) and Section 8.01(j)9.01(i) involving the Company, and as otherwise provided in Section 8.039.03) occurs and is continuing, then and in every such case the Trustee by written notice to the Company, or the Holders of not less than 25% in aggregate principal amount Principal Amount of the outstanding Securities by written notice to the Company or the Trustee, may, and the Trustee at the request of such Holders shall, may declare 100% of the principal amount Principal Amount plus accrued and unpaid interest (including Additional Interest, if any) on all the outstanding Securities to be due and payablepayable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount Principal Amount plus accrued and unpaid interest (including Additional Interest, if any) shall become immediately due and payable. Notwithstanding the foregoing, in the case of an Event of Default specified in Section 8.01(i9.01(h) or Section 8.01(j)9.01(i) involving the Company, 100% of the principal amount Principal Amount plus accrued and unpaid interest (including Additional Interest, if any) on all outstanding Securities will automatically become immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Any payments by the Company on the Securities following any such acceleration will be subject to the subordination provisions of Article 14 to the extent provided therein.
Appears in 1 contract
Samples: Indenture (Verigy Ltd.)
Acceleration of Maturity: Waiver of Past Defaults and Rescission. (a) If an Event of Default (other than those specified in Section 8.01(i10.01(i) and Section 8.01(j10.01(j), and as otherwise provided in Section 8.0310.03) occurs and is continuing, then and in every such case the Trustee by written notice to the Company, or the Holders of not less than 25% in aggregate principal amount of the outstanding Securities by written notice to the Company or the Trustee, may, and the Trustee at the request of such Holders shall, declare 100% of the principal amount plus accrued and unpaid interest (including Additional Interest, if any) on all the outstanding Securities to be due and payable, and upon any such declaration such principal amount plus accrued and unpaid interest (including Additional Interest, if any) shall become immediately due and payable. Notwithstanding the foregoing, in the case of an Event of Default specified in Section 8.01(i10.01(i) or Section 8.01(j10.01(j), 100% of the principal amount plus accrued and unpaid interest (including Additional Interest, if any) on all outstanding Securities will automatically become immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. Any payments by the Company on the Securities following any such acceleration will be subject to the subordination provisions of Article 14 to the extent provided therein.
Appears in 1 contract
Samples: Indenture (Evergreen Solar Inc)