Common use of Acceleration of Maturity: Waiver of Past Defaults and Rescission Clause in Contracts

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) involving the Company, and as otherwise provided in Section 8.03) occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in aggregate Principal Amount of the outstanding Notes may declare 100% of the Principal Amount plus accrued and unpaid interest on all the outstanding Notes to be due and payable 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 plus accrued and unpaid interest plus, except to the extent prohibited by applicable law, a payment equal to the remaining scheduled payments of interest that would have been made on the Notes from the date of the Event of Default (or, in the case of an Event of Default between a Regular Record Date and the following Interest Payment Date, from such Interest Payment Date) until the first to occur of the Maturity Date and September 23, 2019, 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) with respect to the Company (but not with respect to any Significant Subsidiary of the Company or any group of Subsidiaries of the Company that, in the aggregate, would constitute a Significant Subsidiary of the Company), 100% of the Principal Amount plus accrued and unpaid interest on all outstanding Notes plus, except to the extent prohibited by applicable law, a payment equal to the remaining scheduled payments of interest that would have been made on the Notes from the date of the Event of Default (or, in the case of an Event of Default between a Regular Record Date and the following Interest Payment Date, from such Interest Payment Date) until the first to occur of the Maturity Date and September 23, 2019, will automatically become due and payable without any declaration or other act on the part of the Trustee or any Holder.

Acceleration of Maturity: Waiver of Past Defaults and Rescission. (a) If an Event of Default (other than those specified in Section 8.01(iSections 9.01(i) and Section 8.01(j9.01(j) involving the Company, and as otherwise provided in Section 8.03any Credit Party) occurs and is continuing, then and in every such case the Trustee Requisite Holders may, or the Holders of not less than 25% in aggregate Principal Amount Trustee, at the written request of the outstanding Notes may Requisite Holders, shall, declare 100% of the Principal Amount plus accrued and unpaid interest on all the outstanding Notes (including but not limited to any outstanding accrued but not yet capitalized PIK Interest and all outstanding capitalized PIK Interest) and any outstanding Make-Whole Payment (and all other Obligations), to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by such Holders), and upon any such declaration such Principal Amount plus accrued and unpaid interest plus, except to the extent prohibited by applicable law, a payment equal to the remaining scheduled payments of interest that would have been made on the Notes from the date of the Event of Default and outstanding Make-Whole Payment (or, in the case of an Event of Default between a Regular Record Date and the following Interest Payment Date, from such Interest Payment Dateall other Obligations) until the first to occur of the Maturity Date and September 23, 2019, shall become immediately due and payable. Notwithstanding the foregoing, in the case of an Event of Default specified in Section 8.01(i9.01(i) or Section 8.01(j9.01(j) with respect to the Company (but not with respect to any Significant Subsidiary of the Company or any group of Subsidiaries of the Company that, in the aggregate, would constitute a Significant Subsidiary of the Company)Credit Party, 100% of the Principal Amount plus accrued and unpaid interest on all outstanding Notes plus, except (including but not limited to the extent prohibited by applicable law, a payment equal to the remaining scheduled payments of interest that would have been made on the Notes from the date of the Event of Default any outstanding accrued but not yet capitalized PIK Interest and all outstanding capitalized PIK Interest) and any outstanding Make-Whole Payment (or, in the case of an Event of Default between a Regular Record Date and the following Interest Payment Date, from such Interest Payment Date) until the first to occur of the Maturity Date and September 23, 2019all other Obligations), will automatically become due and payable without any declaration or other act on the part of the Trustee or any Holder. If the Obligations are repaid, in whole or in part, following the incurrence and during the continuance of an Event of Default (whether by acceleration or otherwise and including, but not limited to, an insolvency event described in Sections 9.01(i) and Section 9.01(j)), the Issuer shall pay, together with such payment, an additional amount (the “Acceleration Make-Whole Payment”) equal to 14% of the Principal Amount so repaid and until so paid such Acceleration Make-Whole Payment will be part of the Obligations then due and payable.

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) involving the Company, and as otherwise provided in Section 8.03) Company occurs and is continuing, then and in every such case the Trustee or the Holders of not less than 25% in aggregate Principal Amount of the outstanding Notes Securities 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 Notes Securities to be due and payable 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 plus accrued and unpaid interest plus(including Additional Interest, except to the extent prohibited by applicable law, a payment equal to the remaining scheduled payments of interest that would have been made on the Notes from the date of the Event of Default (or, in the case of an Event of Default between a Regular Record Date and the following Interest Payment Date, from such Interest Payment Dateif any) until the first to occur of the Maturity Date and September 23, 2019, shall become immediately due and payable. Notwithstanding the foregoing, in the case of sole remedy for an Event of Default specified relating to the failure to comply with the reporting obligations in this Indenture (including any requirement to file reports or documents with the Commission pursuant to Section 13 or 15(d) of the Exchange Act) and for any failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act, including, in each case, as set forth in Section 8.01(i4.08, will for the first 180 days after the occurrence of such an Event of Default consist exclusively of the right to receive Additional Interest on the Securities as set forth in Section 8.03(b) or Section 8.01(j) with respect if the Company so elects pursuant to the Company (but not with respect to any Significant Subsidiary terms of such Section. On the Company or any group of Subsidiaries of the Company that, in the aggregate, would constitute a Significant Subsidiary of the Company), 100% of the Principal Amount plus accrued and unpaid interest on all outstanding Notes plus, except to the extent prohibited by applicable law, a payment equal to the remaining scheduled payments of interest that would have been made on the Notes from the date of 180th day following the Event of Default relating to the reporting obligations under this Indenture (orincluding any requirement to file reports or documents with the Commission pursuant to Section 13 or 15(d) of the Exchange Act) or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act, including, in each case, as set forth in Section 4.08, if such Event of Default has not been cured or waived prior to such 180th day, the case Securities will be subject to acceleration as provided above. The provisions of the Indenture described in this paragraph will not affect the rights of Holders in the event of the occurrence of any other Event of Default, and are separate and distinct from, and in addition to, the obligation to pay Additional Interest in the circumstances described in Section 8.03 hereunder. If the Company does not elect to pay Additional Interest during the continuance of such an Event of Default between a Regular Record Date and Default, as applicable, in accordance with this paragraph, the following Interest Payment Date, from such Interest Payment Date) until the first Securities will be subject to occur of the Maturity Date and September 23, 2019, will automatically become due and payable without any declaration or other act on the part of the Trustee or any Holderacceleration as provided above.