Acceleration; Rescission and Annulment. If an Event of Default with respect to the Securities of any series at the time Outstanding occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of all of the Outstanding Securities of that series by written notice to the Company (and if given by the Holders, to the Trustee), may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interest, if any, on all the Securities of that series to be due and payable and upon any such declaration such principal (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Trustee, may rescind and annul such declaration and its consequences if
Appears in 5 contracts
Samples: Indenture (Amerus Life Holdings Inc), Indenture (Metris Companies Inc), Amerus Life Holdings Inc
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(g) or 7.01(h)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least not less than 25% in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(g) or 7.01(h) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice to and without any declaration or any other action on the Trusteepart of the Trustee or any Holder, may rescind become due and annul payable immediately. Upon payment of such declaration amounts in the currency in which such Securities are denominated, all obligations of the Company in respect of the payment of principal of and its consequences ifinterest on the Securities of such series shall terminate.
Appears in 5 contracts
Samples: Indenture (WiMi Hologram Cloud Inc.), Indenture (MicroCloud Hologram Inc.), Indenture (Fanhua Inc.)
Acceleration; Rescission and Annulment. If an Event of Default with respect to the Securities of any series at the time Outstanding occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of all of the Outstanding Securities of that series by written notice to the Company (and if given by the Holders, to the Trustee), may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interest, if any, on all the Securities of that series to be due and payable and upon any such declaration such principal (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgement judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Trustee, may rescind and annul such declaration and its consequences if
Appears in 4 contracts
Samples: AmerUs Capital V, Ocwen Financial Corp, Amerus Group Co/Ia
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.1 with respect to any series of Securities, if any one or more of the Events of Default described in Section 7.1 (other than an Event of Default specified in Section 7.1(e) or 7.1(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interestof, premium, if any, and all accrued but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) ), and interest, if anyall such other amounts, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.1(e) or 7.1(f) occurs and is continuing, then in every such a declaration case, the principal amount (or specified amount), and all such other amounts, of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment all of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.1 and except as otherwise provided pursuant to Section 3.1 for any series of Securities), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 4 contracts
Samples: Indenture (Molson Coors Beverage Co), Indenture (Molson Coors Brewing Co), Molson Coors (Molson Coors Brewing Co)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(g) or 7.01(h)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least not less than 25% in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(g) or 7.01(h) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 3.11 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 4 contracts
Samples: Indenture (JD.com, Inc.), Indenture (JD.com, Inc.), Indenture (Baidu, Inc.)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.1 with respect to any series of Securities, if any one or more of the Events of Default described in Section 7.1 (other than an Event of Default specified in Section 7.1(e) or 7.1(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 2530% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interestof, premium, if any, and all accrued but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) ), and interest, if anyall such other amounts, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.1(e) or 7.1(f) occurs and is continuing, then in every such a declaration case, the principal amount (or specified amount), and all such other amounts, of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment all of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.1 and except as otherwise provided pursuant to Section 3.1 for any series of Securities), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 4 contracts
Samples: Coors Brewing Co, Coors International Holdco 2, ULC, Indenture (CBC Holdco LLC)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, accrued but unpaid interest shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then, in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of (or, if the Outstanding Securities of that series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of and all accrued but unpaid interest on all of the Securities of that series then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 4 contracts
Samples: Shake Shack Inc., Shake Shack Inc., Shake Shack Inc.
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 8.01(e) or Section 8.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 8.01(e) or Section 8.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 8.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 3 contracts
Samples: s23.q4cdn.com, s23.q4cdn.com, s23.q4cdn.com
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 3 contracts
Samples: Indenture (Aircastle LTD), Indenture (Pdi Inc), Indenture (Kenexa Corp)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, but unpaid interest (if any, ) on all the Securities of that such series then Outstanding to be due and payable immediately by a notice in writing to the Issuers (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, accrued but unpaid interest (if any, ) shall be become immediately due and payable. At any time after such a declaration If an Event of acceleration Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing with respect to Securities of any series has been made and before a judgement or decree for payment of at the money due has been obtained by the Trustee as hereinafter time Outstanding, then, in this Article providedevery such case, the Holders of a majority in aggregate principal amount of (or, if the Outstanding Securities of that series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of and all accrued but unpaid interest (if any) on all of the Securities of such series then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Issuers in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 2 contracts
Acceleration; Rescission and Annulment. If an Event of Default (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default shall happen with respect to Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 2533% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, and unpaid interest on all the Securities of that such series then Outstanding to be due and payable immediately by a notice in writing to the Issuer and the Parent Guarantor (and to the Trustee if given by Holders), and upon any such declaration acceleration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, accrued and unpaid interest thereon shall be become immediately due and payable. At any time after Upon payment of such a declaration amounts in the Currency in which such Securities are denominated (except as otherwise provided pursuant to Section 3.01), all obligations of acceleration with the Issuer and the Parent Guarantor in respect to of the payment of principal of and interest on the Securities of any such series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Trustee, may rescind and annul such declaration and its consequences ifshall terminate.
Appears in 2 contracts
Samples: Indenture (Pfizer Inc), Pfizer Investment Enterprises PTE LTD
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least not less than 25% in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of of, and all accrued interestbut unpaid interest on, if any, on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, accrued but unpaid interest shall be become immediately due and payable. At If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such case, the principal amount of, and any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment accrued but unpaid interest on, all of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in U.S. Dollars (subject to Section 3.11 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 2 contracts
Samples: Indenture (Concentrix Corp), Concentrix Corp
Acceleration; Rescission and Annulment. If an Event of Default with respect to the Securities of any series at the time Outstanding (other than an Event of Default specified in clause (g) or (h) of Section 5.1) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of all of the Outstanding Securities of that series series, by written notice to received by the Company (and and, if given by the Holders, to received by the Trustee), may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interest, if any, on all the Securities of that series to be due and payable and upon any such declaration such principal (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be immediately due and payable. At any time after such a declaration If an Event of acceleration Default specified in clause (g) or (h) of Section 5.1 with respect to the Securities of any series has been made at the time Outstanding occurs and before a judgement or decree for payment of is continuing, then the money due has been obtained by principal (or, if the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount as may be specified in the terms of that series) of and accrued interest, by written notice to if any, on all the Trustee, may rescind Securities of that series shall ipso facto be immediately due and annul payable without any declaration or act on the part of the Trustee or any Holder of such declaration and its consequences ifSecurities.
Appears in 2 contracts
Samples: Allied Waste Industries Inc, Allied Waste Industries Inc
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding to be due and payable immediately by a notice in writing to the Issuer (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of and accrued and unpaid interest on all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Issuer in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 2 contracts
Samples: Indenture (SL Green Operating Partnership, L.P.), SL Green Operating Partnership, L.P.
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 2530% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, and unpaid interest on all the Securities of that such series then Outstanding 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 acceleration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, accrued and unpaid interest thereon shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of (or, if the Outstanding Securities of that series are Original Issue Discount Securities, such portion of the principal amount as may be specified by the terms of that series) of and accrued and unpaid interest on all of the Securities of that series then Outstanding shall automatically, by written notice and without any acceleration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 2 contracts
Samples: Green Bancorp, Inc., Green Bancorp, Inc.
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding to be due and payable immediately by a notice in writing to the Issuer and the Guarantor (and to the Trustee if given by Holders), and upon any such declaration acceleration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, interest shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders principal of a majority in aggregate principal amount of (or, if the Outstanding Securities of that series are Original Issue Discount Securities, such portion of the principal amount as may be specified by the terms of that series) of and all accrued but unpaid interest on all of the Securities of that series then Outstanding shall automatically, by written notice and without any acceleration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to the Trusteelast paragraph of Section 7.01 and except as otherwise provided pursuant to Section 3.01), may rescind all obligations of the Issuer in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 2 contracts
Samples: Indenture (Healthpeak OP, LLC), Fourteenth Supplemental Indenture (Healthpeak Properties, Inc.)
Acceleration; Rescission and Annulment. If (a) Except as otherwise contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% not less than a majority in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 1 contract
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such case, the principal amount of all of the Securities of that series then Outstanding shall automatically, and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Company in respect of the payment of principal of and interest on the Securities of such series shall terminate. Table of Contents Exhibit 4.7.1 (b) The provisions of Section 7.02(a), however, are subject to the condition that, at any time after such a declaration the principal of acceleration with respect to all the Securities of such series, to which any series has one or more of the above-described Events of Default is applicable, shall have been made so declared to be due and payable, and before a judgement judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders Event of a majority in aggregate principal amount Default giving rise to such declaration of the Outstanding Securities of that seriesacceleration shall, by written notice without further act, be deemed to the Trusteehave been waived, may rescind and annul such declaration and its consequences shall, without further act, be deemed to have been rescinded and annulled, if:
Appears in 1 contract
Samples: Indenture (Healthsouth Corp)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 acceleration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, interest shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders principal of a majority in aggregate principal amount of (or, if the Outstanding Securities of that series are Original Issue Discount Securities, such portion of the principal amount as may be specified by the terms of that series) of and all accrued but unpaid interest on all of the Securities of that series then Outstanding shall automatically, by written notice and without any acceleration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to the Trusteelast paragraph of Section 7.01 and except as otherwise provided pursuant to Section 3.01), may rescind all obligations of the Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 1 contract
Samples: Indenture (Healthpeak OP, LLC)
Acceleration; Rescission and Annulment. If an Event -------------------------------------- of Default with respect to the Securities of any series at the time Outstanding occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of all of the Outstanding Securities of that series by written notice to the Company (and if given by the Holders, to the Trustee), may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interest, if any, on all the Securities of that series to be due and payable and upon any such declaration such principal (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Trustee, may rescind and annul such declaration and its consequences if
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(f) or 7.01(g)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least not less than 25% in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(f) or 7.01(g) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 3.11 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 1 contract
Samples: Indenture (Pall Corp)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.1 with respect to any series of Securities, if any one or more of the Events of Default described in Section 7.1 (other than an Event of Default specified in Section 7.1(e) or 7.1(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interestof, premium, if any, and all accrued but unpaid interest on all the Securities of that such series then Outstanding to be due and payable immediately by a notice in writing to the Issuer (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) ), and interest, if anyall such other amounts, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.1(e) or 7.1(f) occurs and is continuing, then in every such a declaration case, the principal amount (or specified amount), and all such other amounts, of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment all of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.1 and except as otherwise provided pursuant to Section 3.1 for any series of Securities), all obligations of the Trustee, may rescind Issuer in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 1 contract
Samples: Indenture (Molson Coors Brewing Co)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, but unpaid interest (if any, ) on all the Securities of that such series then Outstanding to be due and payable immediately by a notice in writing to the Issuer (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, accrued but unpaid interest (if any, ) shall be become immediately due and payable. At any time after such a declaration If an Event of acceleration Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing with respect to Securities of any series has been made and before a judgement or decree for payment of at the money due has been obtained by the Trustee as hereinafter time Outstanding, then, in this Article providedevery such case, the Holders of a majority in aggregate principal amount of (or, if the Outstanding Securities of that series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of and all accrued but unpaid interest (if any) on all of the Securities of such series then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Issuer in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 1 contract
Samples: J C Penney Co Inc
Acceleration; Rescission and Annulment. If an Event of Default with respect to the Securities of any series at the time Outstanding (other than an Event of Default specified in clause (5) or (6) of Section 5.1) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of all of the Outstanding Securities of that series series, by written notice to received by the Company (and and, if given by the Holders, to received by the Trustee), may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interest, if any, on all the Securities of that series to be due and payable and upon any such declaration such principal (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be immediately due and payable. At any time after such a declaration If an Event of acceleration Default specified in clause (5) or (6) of Section 5.1 with respect to the Securities of any series has been made at the time Outstanding occurs and before a judgement or decree for payment of is continuing, then the money due has been obtained by principal (or, if the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount as may be specified in the terms of that series) of and accrued interest, by written notice to if any, on all the Trustee, may rescind Securities of that series shall ipso facto be immediately due and annul payable without any declaration or act on the part of the Trustee or any Holder of such declaration and its consequences ifSecurities.
Appears in 1 contract
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% not less than a majority in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 1 contract
Samples: Indenture (LHC Group, Inc)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, and unpaid interest on all the Securities of that such series then Outstanding 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 acceleration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, accrued and unpaid interest thereon shall be become immediately due and payable. At If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such case, the principal amount (or, if the Securities of that series are Original Issue Discount Securities, such portion of the principal amount as may be specified by the terms of that series) of and accrued and unpaid interest on all of the Securities of that series then Outstanding shall automatically, and without any acceleration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to the last paragraph of Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Company in respect of the payment of principal of and interest on the Securities of such series shall terminate. (b) The provisions of Section 7.02(a), however, are subject to the condition that, at any time after such a declaration of acceleration with respect to the principal and accrued and unpaid interest on all the Securities of such series, to which any series has one or more of the above-described Events of Default is applicable, shall have been made so declared to be or shall have automatically become due and payable, and before a judgement judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSeries then Outstanding, by written notice to the Company and the Trustee, may rescind and annul annual such declaration acceleration if: (i) the Company has paid or deposited with the Trustee or Paying Agent a sum in the Currency in which such Securities are denominated (subject to the last paragraph of Section 7.01 and its consequences ifexcept as otherwise provided pursuant to Section 3.01) sufficient to pay: (A) all amounts owing the Trustee and any predecessor trustee hereunder under Section 11.01(a) (provided, however, that all sums payable under this clause (A) shall be paid in U.S. Dollars); (B) all accrued and unpaid interest, if any, upon all the Securities of such series with interest thereon to the extent that interest thereon shall be legally enforceable, on any
Appears in 1 contract
Samples: SmileDirectClub, Inc.
Acceleration; Rescission and Annulment. If an Event of Default with respect to the Securities of any series at the time Outstanding occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of all of the Outstanding Securities of that series by written notice to the Company (and if given by the Holders, to the Trustee), may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and accrued interest, if any, on all the Securities of that series to be due and payable and upon any such declaration such principal (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in aggregate principal 37 amount of the Outstanding Securities of that series, by written notice to the Trustee, may rescind and annul such declaration and its consequences if
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least not less than 25% in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, but unpaid interest on all the Securities of that such series then Outstanding 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 (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, shall be become immediately due and payable. At any time after If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such a declaration of acceleration with respect to Securities of any series has been made and before a judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article providedcase, the Holders of a majority in aggregate principal amount of all of the Outstanding Securities of that seriesseries then Outstanding shall automatically, by written notice and without any declaration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in U.S. Dollars (subject to Section 3.11 and except as otherwise provided pursuant to Section 3.01), all obligations of the Trustee, may rescind Company in respect of the payment of principal of and annul interest on the Securities of such declaration and its consequences ifseries shall terminate.
Appears in 1 contract
Samples: Indenture (Synnex Corp)
Acceleration; Rescission and Annulment. If (a) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, if any one or more of the above-described Events of Default (other than an Event of Default specified in Section 7.01(e) or 7.01(f)) shall happen with respect to the Securities of any series at the time Outstanding occurs Outstanding, then, and is continuingin each and every such case, during the continuance of any such Event of Default, the Trustee or the Holders of at least 25% or more in aggregate principal amount of all of the Outstanding Securities of that such series by written notice to the Company (and if given by the Holders, to the Trustee), then Outstanding may declare the principal (or, if the Securities of that series are Original Issue Discount Securities or Indexed Securities, such portion of the Original principal amount as may be specified in the terms of that series) of and all accrued interest, if any, and unpaid interest on all the Securities of that such series then Outstanding 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 acceleration such principal amount (or, in the case of Original Issue Discount Securities or Indexed Securities, such specified amount) and interest, if any, accrued and unpaid interest thereon shall be become immediately due and payable. At If an Event of Default specified in Section 7.01(e) or 7.01(f) occurs and is continuing, then in every such case, the principal amount (or, if the Securities of that series are Original Issue Discount Securities, such portion of the principal amount as may be specified by the terms of that series) of and accrued and unpaid interest on all of the Securities of that series then Outstanding shall automatically, and without any acceleration or any other action on the part of the Trustee or any Holder, become due and payable immediately. Upon payment of such amounts in the Currency in which such Securities are denominated (subject to the last paragraph of Section 7.01 and except as otherwise provided pursuant to Section 3.01), all obligations of the Company in respect of the payment of principal of and interest on the Securities of such series shall terminate. (b) The provisions of Section 7.02(a), however, are subject to the condition that, at any time after such a declaration of acceleration with respect to the principal and accrued and unpaid interest on all the Securities of such series, to which any series has one or more of the above-described Events of Default is applicable, shall have been made so declared to be or shall have automatically become due and payable, and before a judgement judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article providedArticle, the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series, by written notice to the Trustee, may rescind and annul such declaration and its consequences if37
Appears in 1 contract
Samples: Vectrus, Inc.