Acceleration of the Bonds. (a) Upon the occurrence of an Event of Default which is continuing but subject to the terms of the Issuer Intercreditor Agreement, the Agent is entitled to, and shall following a demand in writing from a Bondholder (or Bondholders) representing at least twenty-five (25) per cent. of the Adjusted Nominal Amount (such demand may only be validly made by a Person who is a Bondholder on the Business Day immediately following the day on which the demand is received by the Agent and shall, if made by several Bondholders, be made by them jointly) or following an instruction given pursuant to Clause 14.10(d), on behalf of the Bondholders (i) by notice to the Issuer, declare all, but not some only, of the outstanding Bonds due and payable together with any other amounts payable under the Finance Documents, immediately or at such later date as the Agent determines, and (ii) exercise any or all of its rights, remedies, powers and discretions under the Finance Documents.
(b) The Agent may not accelerate the Bonds in accordance with Clause 14.10(a) by reference to a specific Event of Default if it is no longer continuing or if it has been decided, on a Bondholders Meeting or by way of a Written Procedure, to waive such Event of Default (temporarily or permanently).
(c) The Agent shall notify the Bondholders of an Event of Default within five (5) Business Days of the date on which the Agent received actual knowledge of that an Event of Default has occurred and is continuing. The Agent shall, within twenty (20) Business Days of the date on which the Agent receives actual knowledge that an Event of Default has occurred and is continuing, decide if the Bonds shall be so accelerated. If the Agent decides not to accelerate the Bonds, the Agent shall promptly seek instructions from the Bondholders in accordance with Clause 16 (Decisions by Bondholders). The Agent shall always be entitled to take the time necessary to consider whether an event that has occurred constitutes an Event of Default.
(d) If the Bondholders (in accordance with these Terms and Conditions) instruct the Agent to accelerate the Bonds, the Agent shall promptly declare the Bonds due and payable and take such actions as may, in the opinion of the Agent, be necessary or desirable to enforce the rights of the Bondholders under the Finance Documents, unless the relevant Event of Default is no longer continuing.
Acceleration of the Bonds. 5.1 Acceleration Step
(a) take any step to declare any Bond to be or become immediately due and payable, or payable on an accelerated basis under the Bond Documents; or
(b) take any enforcement or similar action in relation to any Security (if any) in respect of the Bonds, (each an Acceleration Step), other than in accordance with Clause 5.2 (Guaranteed Party Acceleration).
Acceleration of the Bonds. If an Event of Default has occurred and is continuing, the Bond Trustee may, in its discretion in order to protect the interests of the Bondholders, or upon instruction received from the Bondholders pursuant to Clause 14.3 (Bondholders’ instructions) below, by serving a Default Notice:
(a) declare that the Outstanding Bonds, together with accrued interest and all other amounts accrued or outstanding under the First Lien Notes Documents be immediately due and payable on demand at which time they shall become immediately due and payable on demand by the Bond Trustee;
(b) declare that the Outstanding Bonds, together with accrued interest and all other amounts accrued or outstanding under the First Lien Notes Documents be immediately due and payable, at which time they shall become immediately due and payable; and/or
(c) exercise or direct the Security Agent to exercise any or all of its rights, remedies, powers or discretions under the First Lien Notes Documents or take such further measures as are necessary to recover the amounts outstanding under the First Lien Notes Documents.
Acceleration of the Bonds. If an Event of Default has occurred and is continuing, the Bond Trustee may, in its discretion in order to protect the interests of the Bondholders, or upon instruction received from the Bondholders pursuant to Clause 14.3 (Bondholders’ instructions) below, by serving a Default Notice:
(a) declare that the Outstanding Bonds, together with accrued interest and all other amounts accrued or outstanding under the Finance Documents be immediately due and payable, at which time they shall become immediately due and payable; and/or
(b) exercise (or direct the Security Agent to exercise) any or all of its rights, remedies, powers or discretions under the Finance Documents or take such further measures as are necessary to recover the amounts outstanding under the Finance Documents.
Acceleration of the Bonds. (a) Upon the occurrence of an Event of Default which is continuing, the Agent is entitled to, and shall following an instruction given pursuant to Clause 14.9(d), on behalf of the Bondholders (i) by notice to the Issuer, declare all, but not some only, of the outstanding Bonds due and payable together with any other amounts payable under the Finance Documents, immediately or at such later date as the Agent determines, and (ii) exercise any or all of its rights, remedies, powers and discretions under the Finance Documents.
(b) The Agent may not accelerate the Bonds in accordance with Clause 14.9(a) by reference to a specific Event of Default if it is no longer continuing or if it has been decided, on a Bondholders Meeting or by way of a Written Procedure, to waive such Event of Default (temporarily or permanently).
Acceleration of the Bonds. 10.2.1 If an Event of Default has occurred and is continuing, and has not been waived, the Trustee is entitled to, and shall following a demand in writing from Bondholder(s) representing more than fifty (50) per cent. of the Adjusted Nominal Amount (such demand may only be validly made by a person who is a Bondholder on the Business Day immediately following the day on which the demand is received by the Trustee and shall, if made by several Bondholders, be made by them jointly), or following an instruction given pursuant to Clause 10.2.3, on behalf of the Bondholders (i) by notice to the Issuer, declare all, but not some only, of the outstanding Bonds due and payable together with any other amounts payable under the Finance Documents, immediately or at such later date as the Trustee determines, and (ii) exercise any or all of its rights, remedies, powers and discretions under the Finance Documents.
10.2.2 If the Bondholders instruct the Trustee to accelerate the Bonds, the Trustee shall promptly declare the Bonds due and payable and take such actions as may, in the opinion of the Trustee, be necessary or desirable to enforce the rights of the Bondholders under the Finance Documents, unless the relevant Event of Default is no longer continuing.
10.2.3 In the event of an acceleration of the Bonds in accordance with this Clause 10, up to, but excluding, the First Call Date the Issuer shall redeem all Bonds at an amount per Bond equal to 101,565 per cent. of the Nominal Amount, together with accrued but unpaid Interest, and thereafter, as applicable considering when the acceleration occurs, the redemption amount specified in Clause 7.3.1.
Acceleration of the Bonds. (a) If an Event of Default has occurred, the Agent is entitled to, on behalf of the Bondholders (i) by notice to the Issuer, declare all, but not only some, of the Bonds due for payment together with any other amounts payable under the Finance Documents, immediately or at such later date as the Agent determines (but such date may not fall after the Final Redemption Date), and (ii) exercise any or all of its rights, remedies, powers and discretions under the Finance Documents.
(b) If the Bondholders (in accordance with these Terms and Conditions) instruct the Agent to accelerate the Bonds, the Agent shall promptly declare the Bonds due and payable and take such actions as, in the opinion of the Agent, may be necessary or desirable to enforce the rights of the Bondholders under the Finance Documents, unless the relevant Event of Default is no longer continuing.
(c) If the right to accelerate the Bonds is based upon a decision of a court of law or a government authority, it is not necessary that the decision has become enforceable under law or that the period of appeal has expired in order for cause of acceleration to be deemed to exist.
(d) In the event of an acceleration of the Bonds in accordance with this Clause 14.10, the Issuer shall redeem all Bonds with an amount per Bond equal to:
(i) if the acceleration has occurred before the First Call Date, the price set out in paragraph paragraph (ii) and (iii) (as applicable) of Clause 9.3(a) and if occurred any time thereafter, the relevant price set out in Clause 9.3(a) for the relevant period; and
(ii) accrued but unpaid interest on the redeemed amount.
Acceleration of the Bonds. (a) If an Event of Default has occurred and is continuing, the Trustee is entitled to, on behalf of the Bondholders (i) by notice to the Issuer, declare all, but not only some, of the Bonds due for payment together with any other amounts payable under the Finance Documents, immediately or at such later date as the Trustee determines (but such date may not fall after the Final Redemption Date), and (ii) exercise any or all of its rights, remedies, powers and discretions under the Finance Documents.
(b) If the Bondholders (in accordance with these Terms and Conditions) instruct the Trustee to accelerate the Bonds, the Trustee shall promptly declare the Bonds due and payable and take such actions as, in the opinion of the Trustee, may be necessary or desirable to enforce the rights of the Bondholders under the Finance Documents, unless the relevant Event of Default is no longer continuing.
Acceleration of the Bonds. Upon the occurrence of an Event of Default which is continuing the Agent is entitled to, on behalf of the Bondholders (i) by notice to the Issuer, declare all, but not only some, of the outstanding Bonds due and payable together with any other amounts payable under the Finance Documents, immediately or at such later date as the Agent determines (but such date may not fall after the Final Maturity Date), and (ii) exercise any or all of its rights, remedies, powers and discretions under the Finance Documents.
Acceleration of the Bonds. 5.1 Acceleration Step
(a) take any step to declare any Bond to be or become immediately due and payable, or payable on an accelerated basis under the Bond Documents;
(b) take any enforcement or similar action in relation to any Security (if any) in respect of the Bonds;
(c) levy any distress, arrest, attach or undertake any similar creditor's process for the recovery of monies against the Issuer or its assets under or in connection with any Bond Document;
(d) institute or voluntarily join in any legal or arbitration proceedings in respect of any of the Issuer’s obligations under the Bond Documents;
(e) exercise any right of set-off, combination of accounts or other similar rights in respect of any of the Issuer’s obligations under the Bond Documents; or
(f) make any order, pass any resolution or commence or join (or claim in) any proceedings relating to Insolvency Proceedings for the Issuer (except for the purposes of registration or submission of the Guaranteed Party’s and/or the Bondholders’ claims and subsequent proceedings as creditors of the Issuer in the context of any bankruptcy, rehabilitation, reorganization, winding-up, liquidation, dissolution or any analogous procedure started by any person other than the Guaranteed Party and/or any Bondholder against the Issuer), (each an Acceleration Step), other than in accordance with Clause 5.2 (Guaranteed Party Acceleration).
