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.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement, Amendment and Restatement Agreement, Amendment and Restatement Agreement
Acceleration of the Bonds. (a) This Clause 15.10 (Acceleration of the Bonds) is subject to the Intercreditor Agreement.
(b) 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 onlyonly 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 determinesdetermines (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.
(bc) The Agent may not accelerate the Bonds in accordance with Clause 14.10(a15.10(a) by reference to a specific Event of Default if it is no longer continuing or if it has been decided, on a Bondholders Bondholders’ Meeting or by way of a Written Procedure, to waive such Event of Default (temporarily or permanently).
(cd) 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) 20 Business Days of the date on which the Agent receives received actual knowledge of 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 17 (Decisions by Bondholders). The Agent shall always be entitled to take the time necessary to consider whether an occurred event that has occurred constitutes an Event of Default (or may lead to an Event of Default).
(de) If the Bondholders (in accordance with these Terms and Conditions) representing more than 50 per cent of the Adjusted Nominal Amount instruct the Agent in writing to accelerate the Bonds, the Agent shall promptly declare the Bonds due and payable and take such actions as mayas, 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.
(f) 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.
(g) In the event of an acceleration of the Bonds in accordance with this Clause 15.9, the Issuer shall, redeem all Bonds at an amount equal to the redemption amount specified in Clause 9.3 (Voluntary total redemption (call option), as applicable considering when the acceleration occurs together with any accrued but unpaid Interest.
Appears in 2 contracts
Samples: Second Amendment and Restatement Agreement, First Amendment and Restatement Agreement
Acceleration of the Bonds. (a) Upon the occurrence of If an Event of Default which has occurred and is continuing but subject to the terms of the Issuer Intercreditor Agreementcontinuing, the Agent Trustee 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 for payment together with any other amounts payable under the Finance Documents, immediately or at such later date as the Agent determinesTrustee 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.
(b) The Agent Trustee may not accelerate the Bonds in accordance with Clause 14.10(a15.11(a) by reference to a specific Event of Default if it is no longer continuing or if it has been decided, on a Bondholders Bondholders' Meeting or by way of a Written Procedure, to waive such Event of Default (temporarily or permanently).
(c) The Agent Trustee shall notify the Bondholders of an Event of Default within five (5) Business Days of the date on which the Agent Trustee received actual knowledge of that an Event of Default has occurred and is continuing. The Agent Trustee shall, within twenty (20) Business Days of the date on which the Agent receives Trustee received actual knowledge of that an Event of Default has occurred and is continuing, decide if the Bonds shall be so accelerated. If the Agent Trustee decides not to accelerate the Bonds, the Agent Trustee shall promptly seek instructions from the Bondholders in accordance with Clause 16 18 (Decisions by Bondholders). The Agent Trustee shall always be entitled to take the time necessary to consider whether an occurred event that has occurred constitutes an Event of Default.
(d) If the Bondholders (in accordance with these Terms and Conditions) instruct the Agent Trustee to accelerate the Bonds, the Agent Trustee shall promptly declare the Bonds due and payable and take such actions as mayas, in the opinion of the AgentTrustee, 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.
(e) If the right to accelerate the Bonds is based upon a decision of a court of law, an arbitrational tribunal 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.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement, Amendment and Restatement Agreement
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 Agreementcontinuing, 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(d13.10(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(a13.10(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 received 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 15 (Decisions by Bondholders). The Agent shall always be entitled to take the time necessary to consider whether an occurred 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.
Appears in 1 contract
Samples: Amendment and Restatement Agreement
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 AgreementAgreement (if any), the Agent is entitled to, and shall following a demand in writing from a Bondholder (or Bondholders) representing at least twenty-five fifty (2550) 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(d14.11(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(a14.11(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 received actual knowledge of 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 occurred 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.
Appears in 1 contract
Acceleration of the Bonds. (a) Upon the occurrence of If an Event of Default which has occurred and is continuing but subject to the terms of the Issuer Intercreditor Agreementcontinuing, 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 for payment together with any other amounts payable under the Finance Documents, immediately or at such later date as the Agent determinesdetermines (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) 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 received actual knowledge of 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 occurred 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. This document has esignatur Agreement-ID: 8e568chNKpH251445225
(e) Without prejudice to agreed rights of remedy, 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.
(f) In the event of an acceleration of the Bonds in accordance with this Clause 14.10, the Issuer shall redeem all Bonds at an amount per Bond equal to the Redemption Premium.
Appears in 1 contract
Acceleration of the Bonds. (a) Upon the occurrence of If an Event of Default which has occurred and is continuing but subject to the terms of the Issuer Intercreditor Agreementcontinuing, the Agent Trustee 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 for payment together with any other amounts payable under the Finance Documents, immediately or at such later date as the Agent determinesTrustee 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.
(b) The Agent Trustee may not accelerate the Bonds in accordance with Clause 14.10(a15.11(a) by reference to a specific Event of Default if it is no longer continuing or if it has been decided, on a Bondholders Bondholders' Meeting or by way of a Written Procedure, to waive such Event of Default (temporarily or permanently).
(c) The Agent Trustee shall notify the Bondholders of an Event of Default within five (5) Business Days of the date on which the Agent Trustee received actual knowledge of that an Event of Default has occurred and is continuing. The Agent Trustee shall, within twenty (20) Business Days of the date on which the Agent receives Trustee received actual knowledge of that an Event of Default has occurred and is continuing, decide if the Bonds shall be so accelerated. If the Agent Trustee decides not to accelerate the Bonds, the Agent Trustee shall promptly seek instructions from the Bondholders in accordance with Clause 16 18 (Decisions by Bondholders). The Agent Trustee shall always be entitled to take the time necessary to consider whether an occurred event that has occurred constitutes an Event of Default.
(d) If the Bondholders (in accordance with these Terms and Conditions) instruct the Agent Trustee to accelerate the Bonds, the Agent Trustee shall promptly declare the Bonds due and payable and take such actions as mayas, in the opinion of the AgentTrustee, 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.
Appears in 1 contract
Samples: Amendment and Restatement Agreement