Common use of Acceleration; Rescission and Annulment Clause in Contracts

Acceleration; Rescission and Annulment. If an Indenture Event of Default (other than as described in Section 4.01(f) or (g)) shall occur and be continuing, the Trustee may, and when instructed by the Holders of at least 25% in aggregate principal amount of the Equipment Notes then outstanding, shall, by written notice to the Company, declare the unpaid principal amount of all Equipment Notes then outstanding to be immediately due and payable, together with all accrued and unpaid interest thereon and all other amounts due thereunder. If an Indenture Event of Default described in Section 4.01(f) or (g) shall have occurred and be continuing, the unpaid principal amount of all Equipment Notes then outstanding, together with all accrued and unpaid interest thereon and all other amounts due thereunder, shall immediately become due and payable, without any notice or action by the Trustee or any Noteholder, to the fullest extent permitted by law. At any time after acceleration and prior to the sale of any of the Indenture Estate pursuant to this Article IV, a Majority in Interest, by written notice to the Company and the Trustee, may rescind and annul such acceleration and thereby annul its consequences if: (i) there has been paid to or deposited with the Trustee an amount sufficient to pay all overdue installments of interest on the Equipment Notes, and the principal of and premium, if any, on any Equipment Notes that have become due otherwise than by such acceleration, (ii) the rescission would not conflict with any judgment or decree, and (iii) all other Indenture Defaults and Indenture Events of Default, other than nonpayment of principal or interest on the Equipment Notes that have become due solely because of such acceleration, have been cured or waived.

Acceleration; Rescission and Annulment. If an Indenture Event one or more Events of Default (other than as described in Section 4.01(f) or (g)) shall occur have occurred and be continuing, then, and in each and every such case (other than an Event of Default specified in Section 6.01(h) or Section 6.01(i) with respect to the Company), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may, and when instructed by or the Holders of at least 25% in aggregate principal amount of the Equipment Notes then outstanding, shalloutstanding determined in accordance with Section 8.04, by written notice in writing to the CompanyCompany (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid principal amount of interest on, all Equipment the Notes then outstanding to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, together anything contained in this Indenture or in the Notes to the contrary notwithstanding. If an Event of Default specified in Section 6.01(h) or Section 6.01(i) with all respect to the Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest thereon interest, if any, on, all Notes shall become and all other amounts shall automatically be immediately due thereunderand payable. If an Indenture Event of Default described in Section 4.01(f) or (g) shall have occurred The immediately preceding paragraph, however, is subject to the conditions that if, at any time after the principal of, and be continuing, the unpaid principal amount of all Equipment Notes then outstanding, together with all accrued and unpaid interest thereon and all other amounts due thereunderinterest, if any, on, the Notes shall immediately become have been so declared due and payable, without and before any notice judgment or action by decree for the Trustee or any Noteholder, to the fullest extent permitted by law. At any time after acceleration and prior to the sale of any payment of the Indenture Estate pursuant to this Article IVmonies due shall have been obtained or entered as hereinafter provided, the Holders of a Majority majority in Interestaggregate principal amount of the Notes then outstanding, by written notice to the Company and the Trustee, may rescind and annul such acceleration declaration and thereby annul its consequences if: (i) there has been paid except with respect to or deposited with nonpayment of principal, including the Trustee an amount sufficient to pay all overdue installments of interest on the Equipment Notes, Redemption Price and the principal of and premiumFundamental Change Purchase Price, if anyapplicable, on any Equipment Notes that have become due otherwise than by such acceleration, (ii) the rescission would not conflict with any judgment or decree, and (iii) all other Indenture Defaults and Indenture Events of Default, other than nonpayment of principal or interest on with respect to the Equipment Notes that have become failure to deliver the consideration due solely because of such acceleration, have been cured or waived.upon conversion) if:

Acceleration; Rescission and Annulment. If an Indenture Event of Default (other than as described in Section 4.01(f) or (g)) shall occur occurs and be is continuing, the Indenture Trustee may, and when instructed by upon the Holders directions of at least 25% a Majority in aggregate principal amount of the Equipment Notes then outstanding, Interest shall, by written notice subject to the CompanySection 5.04, declare the unpaid principal amount of all Equipment Notes then outstanding and accrued interest thereon to be immediately due and payable, together with all accrued and unpaid interest thereon and all other amounts due thereunder. If an At any time after the Indenture Event of Default described in Section 4.01(f) or (g) shall have occurred and be continuing, Trustee has declared the unpaid principal amount of all Equipment Notes then outstanding, together with all accrued and unpaid interest thereon and all other amounts due thereunder, shall immediately become outstanding to be due and payable, without any notice or action by the Trustee or any Noteholder, to the fullest extent permitted by law. At any time after acceleration payable and prior to the sale of any of the Indenture Estate pursuant to this Article IVV, a Majority in Interest, by written notice to the Company Owner Trustee, the Lessee and the Indenture Trustee, may rescind and annul such acceleration declaration and thereby annul its consequences if: (i) there has been paid to or deposited with the Indenture Trustee an amount sufficient to pay all overdue installments of interest on all of the Equipment Notes, and the principal of and premiumMake-Whole Amount, if any, on any Equipment Notes that have become due otherwise than by such declaration of acceleration, (ii) the rescission would not conflict with any judgment or decree, and (iii) all other Indenture Defaults and Indenture Events of Default, other than nonpayment of principal or interest on any of the Equipment Notes that have become due solely because of such acceleration, have been cured or waived.

Acceleration; Rescission and Annulment. If an Indenture Event of Default (other than as described in Section 4.01(f) or (g)) shall occur with respect to the Securities occurs and be is continuing, the Trustee may, and when instructed by or the Holders of at least 25% in aggregate principal amount Principal Amount of the Equipment Notes all Securities then outstanding, shall, by written notice to the CompanyCompany (and, if given by the Holders, to the Trustee), may declare the unpaid principal amount of all Equipment Notes then outstanding the Securities to be due and payable and upon any such declaration such principal and any accrued and unpaid interest thereon to the date of such declaration shall be immediately due and payable, together with all accrued and unpaid interest thereon and all other amounts due thereunder. If an Indenture Event of Default described in Section 4.01(f) or (g) shall have occurred and be continuing, the unpaid principal amount of all Equipment Notes then outstanding, together with all accrued and unpaid interest thereon and all other amounts due thereunder, shall immediately become due and payable, without any notice or action by the Trustee or any Noteholder, to the fullest extent permitted by law. At any time after such a declaration of acceleration has been made and prior to the sale of any before a judgment or decree for payment of the Indenture Estate pursuant to money due has been obtained by the Trustee as hereinafter in this Article IVVI provided, the Holders of a Majority majority in Interestaggregate Principal Amount of the Securities, by written notice to the Company and the Trustee, may rescind and annul such acceleration declaration and thereby annul its consequences if: (i) there has been paid if all existing Defaults and Events of Default with respect to or deposited with the Trustee an amount sufficient to pay all overdue installments Securities, other than the non-payment of interest on the Equipment Notes, and the principal of and premiuminterest, if any, on any Equipment Notes the Securities that have become due otherwise than by such acceleration, (ii) the rescission would not conflict with any judgment or decree, and (iii) all other Indenture Defaults and Indenture Events of Default, other than nonpayment of principal or interest on the Equipment Notes that have has become due solely because by such declaration of such acceleration, have been cured or waivedwaived as provided in Section 6.07 and if all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel have been paid. No such rescission shall affect any subsequent default or impair any right consequent thereon.

Acceleration; Rescission and Annulment. If an Indenture Event of Default (other than as described in Section 4.01(f) or (g)) shall occur occurs and be is continuing, the Indenture Trustee may, and when instructed by upon the Holders directions of at least 25% a Majority in aggregate principal amount of the Equipment Notes then outstanding, Interest shall, by written notice subject to the CompanySection 4.04, declare the unpaid principal amount of all Equipment Notes then outstanding and accrued interest thereon to be immediately due and payable, together with all accrued and unpaid interest thereon and all it being agreed that no Make-Whole Amount or other amounts due thereunderpremium should be payable in such event. If an At any time after the Indenture Event of Default described in Section 4.01(f) or (g) shall have occurred and be continuing, Trustee has declared the unpaid principal amount of all Equipment Notes then outstanding, together with all accrued and unpaid interest thereon and all other amounts due thereunder, shall immediately become outstanding to be due and payable, without any notice or action by the Trustee or any Noteholder, to the fullest extent permitted by law. At any time after acceleration payable and prior to the sale of any of the Indenture Estate pursuant to this Article IV, a Majority in Interest, by written notice to the Company Owner Trustee, the Lessee and the Indenture Trustee, may rescind and annul such acceleration declaration and thereby annul its consequences if: (i) there has been paid to or deposited with the Indenture Trustee an amount sufficient to pay all overdue installments of interest on the Equipment Notes, and the principal of and premium, if any, on any Equipment Notes that have has become due otherwise than by such declaration of acceleration, (ii) the rescission would not conflict with any judgment or decree, and (iii) all other Indenture Defaults and Indenture Events of Default, other than nonpayment of principal or interest on the Equipment Notes that have become due solely because of such acceleration, have been cured or waived.

Acceleration; Rescission and Annulment. If an -------------------------------------- Indenture Event of Default (other than as described in Section 4.01(f) or (g)) shall occur occurs and be is continuing, the Indenture Trustee may, and when instructed by upon the Holders directions of at least 25% a Majority in aggregate principal amount of the Equipment Notes then outstanding, Interest shall, by written notice subject to the CompanySection 4.04, declare the unpaid principal amount of all Equipment Notes then outstanding and accrued interest thereon to be immediately due and payable, together with all accrued and unpaid interest thereon and all it being agreed that no Make-Whole Amount or other amounts due thereunderpremium should be payable in such event. If an At any time after the Indenture Event of Default described in Section 4.01(f) or (g) shall have occurred and be continuing, Trustee has declared the unpaid principal amount of all Equipment Notes then outstanding, together with all accrued and unpaid interest thereon and all other amounts due thereunder, shall immediately become outstanding to be due and payable, without any notice or action by the Trustee or any Noteholder, to the fullest extent permitted by law. At any time after acceleration payable and prior to the sale of any of the Indenture Estate pursuant to this Article IV, a Majority in Interest, by written notice to the Company Owner Trustee, the Lessee and the Indenture Trustee, may rescind and annul such acceleration declaration and thereby annul its consequences if: (i) there has been paid to or deposited with the Indenture Trustee an amount sufficient to pay all overdue installments of interest on the Equipment Notes, and the principal of and premium, if any, on any Equipment Notes that have has become due otherwise than by such declaration of acceleration, (ii) the rescission would not conflict with any judgment or decree, and (iii) all other Indenture Defaults and Indenture Events of Default, other than nonpayment of principal or interest on the Equipment Notes that have become due solely because of such acceleration, have been cured or waived.