Common use of Acceleration on Event of Default Clause in Contracts

Acceleration on Event of Default. If an Event of Default specified in clause (g), (h) or (i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other Event of Default shall exist, the holder or holders of at least thirty-five percent (35%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes.

Appears in 4 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

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Acceleration on Event of Default. If an Event of Default specified in clause (g), (h) or (i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other Event of Default shall exist, the holder or holders of at least thirtytwenty-five percent (3525%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes.

Appears in 2 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

Acceleration on Event of Default. If an Event of Default specified in clause (g), (h) or (i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other Event of Default shall exist, the holder or holders of at least thirty-five sixty percent (3560%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes.

Appears in 2 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (g), (h) or (i) of Section 8.1 10.1 hereof shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other . (ii) If an Event of Default other than those specified in clause (g), (h) or (i) of Section 10.1 hereof shall exist, the holder or holders of at least thirty-five percent (35%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Restricted Subsidiary and or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes.

Appears in 2 contracts

Samples: Note Purchase Agreement (Birmingham Steel Corp), Note Purchase Agreement (Birmingham Steel Corp)

Acceleration on Event of Default. (i) If an any Event of Default specified in clause (gSection 8.1(h), (hSection 8.1(i) or (iSection 8.1(j) of Section 8.1 hereof shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if , (ii) If any other Event of Default other than those in Section 8.1(h), Section 8.1(i) or Section 8.1(j) hereof shall exist, the holder or holders of at least thirty-five percent (35%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may exercise any right, power or remedy permitted to such holder or the holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes.

Appears in 2 contracts

Samples: Note Purchase Agreement (Seaboard Corp /De/), Note Purchase Agreement (Seaboard Corp /De/)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (g), clause (h) or clause (i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable payable, together with interest accrued thereon and, to the extent permitted by law, and the Make-Whole Amount at such time with respect to the such principal amount of such Notes, and all other amounts due under the Financing Documents, ; in each case without presentment, demand, protest or of notice of any kind, all of which are hereby expressly waived, and, if any other . (ii) If an Event of Default other than those specified in clause (g), clause (h) and clause (i) of Section 8.1 shall exist, the holder or holders of at least thirty-five fifty percent (3550%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, law and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith immediately due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith immediately pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by applicable law, the Make-Whole Amount at on the date of such time declaration with respect to such principal amount of the such Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Littelfuse Inc /De)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (g), clause (h) or clause (i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable payable, together with interest accrued thereon and, to the extent permitted by law, and the Make-Whole Amount at such time with respect to the such CREDIT ACCEPTANCE CORPORATION 39 NOTE PURCHASE AGREEMENT 44 principal amount of such Notes, and all other amounts due under the Financing Documents, in each case without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other . (ii) If an Event of Default other than those specified in clause (g), clause (h) and clause (i) of Section 8.1 shall exist, the holder or holders of at least thirty-five percent (35%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, law and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith immediately due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith immediately pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by applicable law, the Make-Whole Amount at on the date of such time declaration with respect to such principal amount of the such Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Credit Acceptance Corporation)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (g), (h) or and (i) of Section 8.1 9.1 hereof shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other , (ii) If an Event of Default other than those specified in clause (g), (h) or (i) of Section 9.1 hereof shall exist, the holder or holders of at least thirty-five percent (35%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Selective Insurance Group Inc)

Acceleration on Event of Default. (i) If an any Event of Default specified in clause (g), clause (h) or clause (i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable payable, together with interest accrued thereon and, to the extent permitted by law, and the Make-Whole Amount at (as of the date such time Notes first become due and payable) with respect to the such principal amount of such Notes, and all other amounts due under the Financing Documents, in each case without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if . (ii) If any other Event of Default other than those specified in clause (g), clause (h) and clause (i) of Section 8.1 shall exist, then the holder or holders of at least thirty-five forty percent (3540%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, law and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith immediately due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith immediately pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by applicable law, the Make-Whole Amount at on the date of such time declaration with respect to such principal amount of the such Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Cerplex Group Inc)

Acceleration on Event of Default. (i) If an any Event of Default specified in clause (gSection 7.1(g), (hSection 7.1(h) or (iSection 7.1(i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if , (ii) If any other Event of Default other than those specified in Section 7.1(g), Section 7.1(h) and Section 7.1(i) shall exist, the holder or holders of at least thirty-five percent (35%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any further presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and and, subject to Section 8.3, the -41- Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Omniquip International Inc)

Acceleration on Event of Default. (i) If an any Event of Default specified in clause (g), (hSection 8.1(g) or (iSection 8.1(h) of Section 8.1 hereof shall existexist with respect to the Company, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if , (ii) If any other Event of Default other than those specified in Section 8.1(g) and Section 8.1(h) hereof shall existexist with respect to the Company (including, without limitation, any Event of Default specified in Section 8.1(g) or Section 8.1(h) with respect to any Material Subsidiary), the holder or holders of at least thirty-five three and one-third percent (3533%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes."

Appears in 1 contract

Samples: Note Purchase Agreement (Transocean Offshore Inc)

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Acceleration on Event of Default. If an Event of Default specified in clause (g), (h) or (i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other Event of Default shall exist, the holder or holders of at least thirtyfifty-five one percent (3551%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Smithfield Foods Inc)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (g), clause (h) or clause (i) of Section 8.1 0 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other . (ii) If an Event of Default other than those specified in clause (g), clause (h) and clause (i) of Section 0 shall exist, the holder or holders of at least thirty-five percent (35%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Alleghany Corp /De)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (g), clause (h) or clause (i) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and U.S. RESTAURANT PROPERTIES OPERATING L.P. 43 NOTE PURCHASE AGREEMENT payable together with interest accrued thereon and, to the extent permitted by applicable law, the Make-Whole Amount at such time with (if any) in respect to the principal amount of such Notesthereof, and all other amounts due under the Financing Documents, in each case without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other Event of Default and the Company shall exist, forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of and interest accrued on the Notes and, to the extent permitted by applicable law, the Make-Whole Amount at least thirty-five percent (35%) in such time with respect to the principal amount of the Notes then at the time outstanding and all other amounts owing under the Note Purchase Agreements or the other Financing Documents to such holder or holders. (exclusive ii) If an Event of Notes then owned by any one Default other than those specified in clause (g), clause (h) or more clause (i) of Section 8.1 shall exist, the Company, any Subsidiary and any Affiliate) Required Holders may exercise any right, power or remedy permitted to such holder or holders by law, law and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued onon and, to the extent permitted by applicable law, Make-Whole Amount (if any) in respect of, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, of and interest accrued on, the on such Notes and, to the extent permitted by applicable law, the Make-Whole Amount at such time with respect to such principal amount of the NotesNotes and all other amounts owing under the Note Purchase Agreements or the other Financing Documents to such holder or holders.

Appears in 1 contract

Samples: Note Purchase Agreement (U S Restaurant Properties Master L P)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (g), (h) or (i) of Section 8.1 9.1 hereof shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon without presentment, demand, protest or notice of any kind or any other action whatsoever, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the such principal amount of such Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, Notes and, if any other , (ii) If an Event of Default other than those specified in clause (g), (h) or (i) of Section 9.1 hereof shall exist, the holder or holders of at least thirtytwenty-five percent (3525%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Guarantor, any Subsidiary and of the Company or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kindkind or other action whatsoever, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the such Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Minerals Technologies Inc)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (gh), clause (hi) or clause (ij) of Section 8.1 shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable payable, together with interest accrued thereon and, to the extent permitted by law, and the Make-Whole Amount at (as of the date such time Notes first become due and payable), if any, with respect to the such principal amount of such Notes, and all other amounts due owing by the Company under the Financing DocumentsNotes and this Agreement, in each case without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other . (ii) If an Event of Default other than those specified in clause (h), clause (i) and clause (j) of Section 8.1 shall exist, the holder or holders of at least thirty-five percent (35%) 25% in principal amount of the Notes then at the time outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, law and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith immediately due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith immediately pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by applicable law, the Make-Whole Amount at on the date of such time declaration with respect to such principal amount of such Notes, and all other amounts owing by the NotesCompany under the Notes and this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Ace Cash Express Inc/Tx)

Acceleration on Event of Default. (i) If an Event of Default in respect of the Company specified in clause (g), clause (h) or clause (i) of Section 8.1 hereof shall exist, all of the Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and the Make-Whole Amount (if any) in respect thereof, in each case without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of and interest accrued on the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to the such principal amount of such the Notes, and all other amounts due owing under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other Note Purchase Agreements. (ii) If an Event of Default other than those in respect of the Company specified in clause (g), clause (h) or clause (i) of Section 8.1 hereof shall exist, the holder or holders of at least thirty-five percent (35%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may exercise any right, power or remedy permitted to such holder or holders by law, law and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued onon and Make-Whole Amount (if any) in respect of, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, of and interest accrued on, the on such Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of the Notes, and all other amounts owing under the Note Purchase Agreements.

Appears in 1 contract

Samples: Note Purchase Agreement (Hudson Foods Inc)

Acceleration on Event of Default. (i) If an Event of Default specified in clause (gh), (hi) or (ij) of Section 8.1 9.1 shall existexist with respect to the Company, all of the Subordinated Notes at the time outstanding shall automatically become immediately due and payable together with interest accrued thereon and, to the extent permitted by law, the Make-Whole Prepayment Compensation Amount at such time with respect to the principal amount of such Subordinated Notes, and all other amounts due under the Financing Documents, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and, if any other , (ii) If an Event of Default (other than an Event of Default with respect to the Company specified in clause (h), (i) or (j) of Section 9.1) shall exist, the holder or holders of at least thirtysixty-five six and two-thirds percent (3566-2/3%) in principal amount of the Subordinated Notes then outstanding (exclusive of Subordinated Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Subordinated Notes then outstanding to be, and such Subordinated Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Subordinated Notes then outstanding the entire principal of, and interest accrued on, the Subordinated Notes and, to the extent permitted by law, the Make-Whole Prepayment Compensation Amount at such time with respect to such principal amount of the such Subordinated Notes.

Appears in 1 contract

Samples: Senior Subordinated Note and Warrant Purchase Agreement (Hutchinson Products Corp)

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