Common use of Acceleration Clause in Contracts

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 6 contracts

Samples: Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.)

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Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 6 contracts

Samples: Indenture (Heritage Operating Lp), Indenture (Heritage Operating Lp), Indenture (ETC Texas Pipeline, LTD)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration, and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 6 contracts

Samples: Indenture (LGI Homes-Florida, LLC), Indenture (LGI Homes-Florida, LLC), Indenture (LGI Homes-Windmill Farms, LLC)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01with respect to the Issuer) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of that Series by written notice to the series affected Issuer (and to the Trustee if such notice is given by such Event the Holders), may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01 hereof with respect to the Issuer occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event any Series of Default or all series, as the case may be, Securities by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 6 contracts

Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(8) or (69) of Section 6.01above that occurs with respect to Holdings, the Company or any Significant Subsidiary) occurs and is continuingcontinuing under this Indenture, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 2525.0% in aggregate principal amount of the Notes then outstanding Securities outstanding, by written notice to the Issuers (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the written request of the series affected by such Event Holders of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 2525.0% in aggregate principal amount of the Notes then outstanding Securities so affected) by notice to the Partnershipwill, the Guarantor and the Trustee, may declare the principal of (orof, premium, if any such Securities are Original Issue Discount Securitiesany, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, Notes to be immediately due and payable. Upon any a declaration of acceleration, such declarationprincipal of, the amounts premium, if any, and accrued interest will be immediately due and payable on payable. In the Securities event of a declaration of acceleration because an Event of Default set forth in Section 6.01(5) above has occurred and is continuing, such declaration of acceleration will be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to Section 6.01(5) shall be due and payable immediatelyremedied or cured by the Issuers or the relevant Significant Subsidiary or waived by the Holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event of Default specified in clause (5Section 6.01(8) or (69) of Section 6.01 hereof occursabove occurs with respect to Holdings, such amounts shall ipso facto the Company or any Significant Subsidiary, the principal of, premium, if any, and accrued interest on the Notes then outstanding will automatically become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of at least a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, Notes by written notice to the Trustee Issuers and to the Trustee, may waive all past defaults and rescind an and annul a declaration of acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.if:

Appears in 5 contracts

Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)

Acceleration. If an Event In the case of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (57) or (6) 8) of Section 6.01) , with respect to the Company or any of its Significant Subsidiaries or any group of Subsidiaries that, taken as a whole, would constitute a Significant Subsidiary, all Outstanding Securities will become due and payable immediately without further action or notice. If any other Event of Default with respect to Securities of any series at the time Outstanding occurs and is continuinghas not been cured, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, Outstanding may declare the entire principal of amount (or, if any such Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount as may be specified in the terms thereof) of the Securities of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payableimmediately payable by written notice to the Issuer, the Company (if not the Issuer) and the Trustee. Upon any such declaration, the amounts due and payable on such principal amount (or specified amount) of the Securities of that series shall be become due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default or all series, as the case may be, then Outstanding by written notice to the Trustee may on behalf of all of the Holders rescind and annul an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission or annulment would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts premium that has become due solely because of the acceleration) have been cured or waived.

Appears in 5 contracts

Samples: Indenture (BRMK Management, Corp.), Indenture (BRMK Management, Corp.), Indenture (Ventas Realty Limited Partnership)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause clauses (5) or (6)) of under Section 6.01) 6.01 occurs and is continuingcontinuing with respect to the Securities of a series, then and in every such case the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least not less than 25% in of the principal amount of the then outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the unpaid principal of (or, if any such of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in the terms of that series) thereof), and all any premium and accrued and unpaid interest on on, all then outstanding the Securities of such series or of all series, as the case may be, then outstanding to be due and payable. Upon , by a notice in writing to the Company (and to the Trustee, if given by Holders), and upon any such declarationdeclaration such principal (or other specified amount), the amounts and any premium and accrued and unpaid interest shall become immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified in clause clauses (5) or (6) of Section 6.01 hereof above occurs, such amounts shall ipso facto all unpaid principal of, and any premium and accrued and unpaid interest on, all Securities then outstanding will become and be immediately due and payable payable, without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in of the principal amount of the then outstanding Securities of the a series affected by such Event with respect to which a declaration of Default or all series, as the case may beacceleration has been made, by written notice to the Trustee Company and the Trustee, may rescind an and annul such declaration of acceleration and its consequences if (other than nonpayment 1) the Company has paid or deposited with such Trustee a sum sufficient to pay (A) all overdue installments of principal of or premium or interest on all the Securities of such series, (B) the principal of, and any premium and interest on, any Securities of such series that have become due otherwise than by such declaration of acceleration and interest thereon at the rate or any Additional Amounts rates prescribed therefor in the Securities of such series, (C) to the extent that payment of such interest is lawful, interest on the defaulted interest at the rate or rates prescribed therefor in the Securities of such series, and (D) all money paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel; (2) all Events of Default with respect to Securities of that series, other than the Securitiesnon-payment of the principal of, and any premium and interest on, any Securities of such series that have become due solely by such declaration of acceleration, have been cured or waived as provided in this Indenture; and (3) if the rescission would not conflict with any judgment or decree and if all existing Events of a court of competent jurisdiction. No such rescission will affect any subsequent Event of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereon.

Appears in 5 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

Acceleration. If an Event of Default with respect to any Debt Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorPartnership, or the Holders of at least 25% in principal amount of the then outstanding Debt Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Debt Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Debt Securities so affected) by notice to the Partnership, the Guarantor Partnership and the Trustee, may may, and the Trustee at the request of such Holders shall, declare the principal of (or, if any such Debt Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) ), premium, if any, on and all accrued and unpaid interest on all then outstanding Debt Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Debt Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Debt Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Debt Securities) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and if all existing Events of Default with respect to Debt Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 5 contracts

Samples: Indenture (Energy Transfer LP), Indenture (Energy Transfer LP), Indenture (Energy Transfer Partners, L.P.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorGuarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 5 contracts

Samples: Senior Indenture (Jones Energy, Inc.), Subordinated Indenture (Jones Energy, Inc.), Senior Indenture (Jones Energy Holdings, LLC)

Acceleration. If an Event In the case of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (57) or (6) 8) of Section 6.01) , with respect to Ventas, Inc. or any of its Significant Subsidiaries or any group of Subsidiaries that, taken as a whole, would constitute a Significant Subsidiary, all Outstanding Securities will become due and payable immediately without further action or notice. If any other Event of Default with respect to Securities of any series at the time Outstanding occurs and is continuinghas not been cured, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, Outstanding may declare the entire principal of amount (or, if any such Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount as may be specified in the terms thereof) of the Securities of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payableimmediately payable by written notice to the Issuer, Ventas, Inc. and the Trustee. Upon any such declaration, the amounts due and payable on such principal amount (or specified amount) of the Securities of that series shall be become due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default or all series, as the case may be, then Outstanding by written notice to the Trustee may on behalf of all of the Holders rescind and annul an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission or annulment would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts premium that has become due solely because of the acceleration) have been cured or waived.

Appears in 4 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Realty Limited Partnership)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or premium, interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has have become due solely because of the acceleration.

Appears in 4 contracts

Samples: Indenture (Shell PLC), Indenture (Shell Finance US Inc.), Indenture (Shell International Finance B.V.)

Acceleration. If an Event of Default other than as described in clauses (d) or (e) of Section 6.01 with respect to any the Securities of any series at the time then outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, then, either the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal the Principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such the Securities are Original Issue Discount Securities, such portion of the principal amount Principal as may be specified in the terms thereof established pursuant to Section 2.03) of that series) and all accrued and unpaid interest on all the then outstanding Securities of such series or may declare each Security of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts that series due and payable on the Securities shall be due and payable immediatelyimmediately without further action or notice. If an Event of Default specified as described in clause clauses (5d) or (6e) of Section 6.01 hereof occursoccurs with respect to the Company, the Securities of such amounts shall ipso facto series will immediately become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holderthe Holders of the Securities of such series. The Holders of a majority in principal Principal amount of the then outstanding Securities of the such series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an any acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securitiesan Event of Default as described in clauses (d) or (e) of Section 6.01) if (1) the rescission would not conflict with any judgment or decree decree, (2) the Company has paid or deposited with the Trustee a sum sufficient to pay in the currency in which the Securities of that series are payable (A) all overdue interest, if any, on all outstanding Securities of that series, (B) all unpaid Principal of and premium, if any, on any outstanding Securities of that series which have become due otherwise than by such a declaration of acceleration, and interest on such unpaid Principal or premium at the rate or rates prescribed therefor in such Securities or, if no such rate or rates are so prescribed, at the rate borne by the Securities during the period of such default, and (C) to the extent that payment of such interest is enforceable under applicable law, interest upon overdue interest to that date of such payment or deposit at the rate or rates prescribed therefor in such Securities, or, if no such rate or rates are so prescribed, at the rate borne by the Securities during the period of such default and (3) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except other than for nonpayment of principalPrincipal, premium, if any, or interest or any Additional Amounts that has become due solely because of the acceleration) have been cured or waived.

Appears in 4 contracts

Samples: Indenture (Tapestry, Inc.), Indenture (Tapestry, Inc.), Indenture (Tapestry, Inc.)

Acceleration. 02 of the Indenture is replaced by the following with respect to the Notes: If an Event of Default with respect to any Securities of any series at the time outstanding Notes (other than an Event of Default specified in clause (57) or (6) 8) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default Notes (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities Notes or all series of such series or of all seriesSecurities, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities Notes shall be due and payable immediately. If an Event of Default specified in clause (57) or (6) 8) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to the Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has have become due solely because of the accelerationacceleration and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 4 contracts

Samples: Fifth Supplemental Indenture (Westlake Chemical Corp), Fourth Supplemental Indenture (Westlake Chemical Corp), Third Supplemental Indenture (Westlake Chemical Corp)

Acceleration. If an Unless the Board Resolution, supplemental indenture or Officers' Certificate establishing such series provides otherwise, if any Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5e) or (6f) of Section 6.016.01 hereof with respect to the Company, [any Significant Subsidiary or any group of Significant Subsidiaries that, taken as a whole, would constitute a Significant Subsidiary]) with respect to any series of securities at the time outstanding occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal amount of all the Securities of that series (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in by the terms of that seriesthereof) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payablepayable immediately. Upon any such declaration, the amounts due and payable on principal amount of the Securities of that series shall be become due and payable immediately. If Notwithstanding the foregoing, if an Event of Default specified in clause (5e) or (6f) of Section 6.01 hereof occurswith respect to any series of securities at the time outstanding occurs with respect to the Company, [any of its Significant Subsidiaries or any group of Subsidiaries that, taken as a whole, would constitute a Significant Subsidiary,] all outstanding principal amount of the Securities of that series (or, if any Securities of that series are Original Issue Discount Securities, such amounts portion of the principal amount of such Securities as may be specified by the terms hereof) shall ipso facto become and be immediately due and payable immediately without any declaration, notice further action or other act on the part of the Trustee or any Holdernotice. The Holders of a majority in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may on behalf of all of the Holders rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts premium that has become due solely because of the acceleration) have been cured or waived.

Appears in 3 contracts

Samples: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.016.01 hereof) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorGuarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of a Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such each series or of all series, as the case may be, affected thereby to be due and payable. Upon any such declaration, the amounts due and payable on the such Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts for all Securities of any series outstanding shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the each series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that each affected series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the accelerationacceleration and (iii) all sums paid or advanced by the Trustee hereunder and reasonable compensation, expenses, disbursements and advances of the Trustee, its agent and counsel and any other amounts due to the Trustee under Section 7.07 hereof have been paid in full.

Appears in 3 contracts

Samples: Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree decree, the Trustee has been paid all amounts owed to it in connection with such Event of Default and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Subordinated Indenture (Pardril Inc), Senior Indenture (Quail Usa LLC), Subordinated Indenture (Quail Usa LLC)

Acceleration. (A) If an Event of Default with respect to any Securities of any series at the time outstanding (other than excluding an Event of Default specified in clause (5Section 6.01(ix) or (66.01(x) with respect to the Company, but including an Event of Default specified in Section 6.016.01(ix) occurs or 6.01(x) solely with respect to a Significant Subsidiary of the Company or any group of Subsidiaries that in the aggregate would constitute a Significant Subsidiary of the Company) has occurred and is continuing, either the Trustee by notice to the Partnership and the GuarantorCompany, or the Holders of at least twenty five percent (25% %) in aggregate principal amount of the Securities then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal of (orSecurities to be immediately due and payable in full. Upon such declaration, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) of, and all any accrued and unpaid interest on on, all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(ix) or 6.01(x) with respect to the Company (6excluding, for purposes of this sentence, an Event of Default specified in Section 6.01(ix) or 6.01(x) solely with respect to a Significant Subsidiary of Section 6.01 hereof the Company or any group of Subsidiaries that in the aggregate would constitute a Significant Subsidiary of the Company) occurs, such amounts the principal of, and accrued and unpaid interest on, all the Securities shall ipso facto automatically become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in aggregate principal amount of the Securities then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind or annul an acceleration and its consequences if (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the SecuritiesA) if the rescission would not conflict with any judgment order or decree and if decree, (B) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waivedDefault, except nonpayment the non-payment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of the acceleration, have been cured or waived and (C) all amounts due to the Trustee under Section 7.07 have been paid. (B) Notwithstanding the foregoing, the sole remedy for an Event of Default relating to failure to comply with Section 4.03(B) shall, for the first 180 days immediately following the occurrence of such an Event of Default, consist exclusively of the right to receive Additional Interest on the Securities at a rate per year equal to (i) 0.25% of the outstanding principal amount of Securities for each day during the ninety (90) day period following, and including, the occurrence of such Event of Default during which such Event of Default continues and (ii) 0.50% of the outstanding principal amount of Securities for each day during the ninety (90) day period beginning on, and including, the ninety-first (91st) day following the occurrence of such Event of Default during which such Event of Default continues, in each case, payable in the same manner and at the same time as the stated interest payable on the Securities. Such Additional Interest shall accrue on all outstanding Securities from, and including, the date on which such Event of Default first occurs to, and including, the 180th day thereafter (or such earlier date on which such Event of Default shall have been cured or waived). Additional Interest payable pursuant to this Section 6.02(B) shall be in addition to, not in lieu of, any Additional Interest payable pursuant to Section 4.09(A) and Section 4.09(B). In addition to the accrual of Additional Interest pursuant to this Section 6.02(B), on and after the 181st day immediately following an Event of Default relating to a failure to comply with Section 4.03(B), such Additional Interest shall cease to accrue and, if such Event of Default has not been cured or waived prior to such 181st day, the Securities shall be subject to acceleration as provided above. The provisions of this Section 6.02(B) shall not affect the rights of Holders in the event of the occurrence of any other Event of Default.

Appears in 3 contracts

Samples: Indenture (Accuray Inc), Indenture (Accuray Inc), Indenture (Accuray Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Senior Indenture (Cloverdale Park, Inc.), Subordinated Indenture (Cloverdale Park, Inc.), Indenture (CCBM, Inc)

Acceleration. (a) If an Event of Default with respect to any Securities of any series at the time outstanding Outstanding (other than an Event of Default with respect to the Company specified in clause (5viii) or (6ix) of Section 6.018.01(a) hereof) occurs and is continuing, the Trustee (after receiving indemnities from the Holders to its satisfaction) by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% 25 percent in aggregate principal amount of the then outstanding Outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Outstanding Securities of such series or of all series, as the case may be, to be due and payablepayable immediately. Upon any such declaration, the amounts due and payable on the Securities shall of such series, as determined in Section 8.02(b) hereof, will be due and payable immediately. If an Event of Default specified in clause (5viii) or (6ix) of Section 6.01 8.01(a) hereof occurs, such amounts shall an amount will ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee and the Company or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of the any series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee and the Company may waive such Event of Default, rescind an acceleration and its consequences (other than except an acceleration due to nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the SecuritiesSecurities of such series) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived. (b) In the event that the maturity of the Securities of any series is accelerated pursuant to Section 8.02(a) hereof, except nonpayment 100 percent of principalthe principal amount of the Securities of such series (or in the case of a default under Section 8.01(a)(ii) or (iv) hereof resulting from a breach of the covenant set forth in Section 6.14 hereof, premium, interest or any Additional Amounts that has 101 percent of the principal amount of the Securities of such series) will become due solely because and payable plus accrued interest, if any, to the date of the accelerationpayment.

Appears in 3 contracts

Samples: Senior Subordinated Indenture (U S Home Corp /De/), Senior Subordinated Indenture (U S Home Corp /De/), Senior Subordinated Indenture (U S Home Corp /De/)

Acceleration. (a) If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause Section 6.01(4) or (5) or (6) with respect to the Issuer or, in the case of Section 6.01a Guaranteed Series of Securities, the Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Securities of such Series by notice to the Partnership Issuer in writing (and to the GuarantorTrustee, or the if given by Holders of at least 25% in principal amount of the then outstanding Securities of such Series) specifying the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (oramount of, premium, if any such Securities are Original Issue Discount Securitiesany, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest to, but not including, the date of acceleration on all then outstanding the Securities of such series or of all series, as the case may be, Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause Section 6.01(4) or (5) or (6) with respect to the Issuer or, in the case of Section 6.01 hereof a Guaranteed Series of Securities, the Guarantor occurs, the principal amount of, premium, if any, and accrued and unpaid interest to, but not including, the date of such amounts Event of Default on all the Securities of such Series shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holder of the Securities of such Series. (b) At any time after the principal of the Securities of a Series shall have been so declared due and payable (or shall have become immediately due and payable), and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Holders of a majority in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may beSeries then outstanding, by written notice to the Trustee Issuer and the Trustee, may rescind an acceleration and annul such declaration and its consequences (other than nonpayment consequences, and waive such Event of principal Default, if any and all Events of or premium or interest on or any Additional Amounts Default under this Indenture with respect to such Series of Securities, other than the Securitiesnonpayment of accelerated principal, premium (if any), or interest (if any) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to on Securities of such Series that series (or of all seriesshall not have become due by their terms, as the case may be) shall have been cured or waived, except nonpayment of principal, premium, interest waived as provided in Section 6.04. No such rescission shall affect any subsequent Default or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereto.

Appears in 3 contracts

Samples: Indenture (Healthpeak OP, LLC), Indenture (Physicians Realty L.P.), Indenture (Physicians Realty L.P.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(4) or (65)) with respect to Securities of Section 6.01) any Series occurs and is continuing, the Trustee may, by notice to the Partnership and the GuarantorCompany, or if the Holders of at least 25% in principal amount of the then outstanding such Securities of the series affected by such Event of Default (orSeries then outstanding, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany and the Trustee so request, the Guarantor and Trustee shall, upon the Trusteerequest of such Holders, may declare the all unpaid principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may then be specified payable on acceleration as provided in the terms of that series) thereof), premium, if any, and all accrued and but unpaid interest to the date of acceleration on all then outstanding such Securities of such series or of all series, as the case may be, Series then outstanding (if not then due and payable) to be due and payable. Upon payable and, upon any such declaration, the amounts same shall become and be immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified in clause Section 6.01(4) or (5) or (6) of Section 6.01 hereof occurs, all unpaid principal of (or, if any Securities are Original Issue Discount Securities, such amounts portion of the principal amount as may then be payable on acceleration as provided in the terms thereof), premium, if any, and accrued but unpaid interest on all Securities of every Series then outstanding shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholder. Upon payment of such principal amount, premium, if any, and interest, all of the Company's obligations under such Securities of such Series and this Indenture with respect to such Securities of such Series, other than obligations under Section 7.07, shall terminate. The Holders of a majority in principal amount of the then outstanding Securities of the series affected such Series then outstanding by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences if (i) all existing Events of Default, other than nonpayment the non-payment of the principal of the Securities of such Series which has become due solely by such declaration of acceleration, have been cured or premium or waived, (ii) to the extent the payment of such interest is lawful, interest on or any Additional Amounts with respect to the Securitiesoverdue installments of interest, premium, if any, and overdue principal, which has become due otherwise than by such declaration of acceleration, has been paid, (iii) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and if (iv) all existing Events of Default with respect payments due to Securities of that series (or of all series, as the case may be) Trustee and any predecessor Trustee under Section 7.07 have been cured or waivedmade. Anything herein contained to the contrary notwithstanding, except nonpayment in the event of principalany acceleration pursuant to this Section 6.02, premium, interest or the Company shall not be obligated to pay any Additional Amounts that has become due solely because premium in connection with any repayment arising from an Event of the accelerationDefault.

Appears in 2 contracts

Samples: Indenture (Vectren Utility Holdings Inc), Indenture (Southern Indiana Gas & Electric Co)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause clauses (4), (7) or (8) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree decree, the Trustee has been paid all amounts owed to it in connection with such Event of Default and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Senior Indenture (AMI 2, Inc.), Subordinated Indenture (AMI 2, Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorGuarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (American Standard Companies Inc), Indenture (Conoco Inc /De)

Acceleration. (a) If an Event of Default with respect to any Securities of any series at the time outstanding Outstanding (other than an Event of Default with respect to the Company specified in clause (5viii) or (6ix) of Section 6.018.01(a) hereof) occurs and is continuing, the Trustee (after receiving indemnities from the Holders to its satisfaction) by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% 25 percent in aggregate principal amount of the then outstanding Outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Outstanding Securities of such series or of all series, as the case may be, to be due and payablepayable immediately. Upon any such declaration, the amounts due and payable on the Securities shall of such series, as determined in Section 8.02(b) hereof, will be due and payable immediately. If an Event of Default specified in clause (5viii) or (6ix) of Section 6.01 8.01(a) hereof occurs, such amounts shall an amount will ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee and the Company or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of the any series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee and the Company may waive such Event of Default, rescind an acceleration and its consequences (other than except an acceleration due to nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the SecuritiesSecurities of such series) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived. (b) In the event that the maturity of the Securities of any series is accelerated pursuant to Section 8.02(a) hereof, except nonpayment 100 percent of principal, premium, interest or any Additional Amounts that has the principal amount of the Securities of such series will become due solely because and payable plus accrued interest, if any, to the date of the accelerationpayment.

Appears in 2 contracts

Samples: Subordinated Indenture (U S Home Corp /De/), Senior Indenture (U S Home Corp /De/)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(7) or (6Section 6.01(8) of Section 6.01above that occurs with respect to the Parent, the Issuer or any Significant Subsidiary) occurs and is continuingcontinuing under this Indenture, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 2525.0% in aggregate principal amount of the Notes then outstanding Securities outstanding, by written notice to the Issuer (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the written request of the series affected by such Event Holders of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 2525.0% in aggregate principal amount of the Notes then outstanding Securities so affected) by notice to the Partnershipwill, the Guarantor and the Trustee, may declare the principal of (orof, premium, if any such Securities are Original Issue Discount Securitiesany, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, Notes to be immediately due and payable. Upon any a declaration of acceleration, such declarationprincipal of, the amounts premium, if any, and accrued interest will be immediately due and payable on payable. In the Securities event of a declaration of acceleration because an Event of Default set forth in Section 6.01(5) above has occurred and is continuing, such declaration of acceleration will be automatically rescinded and annulled if the event of default triggering such Event of Default pursuant to Section 6.01(5) shall be due and payable immediatelyremedied or cured by the Issuer or the relevant Significant Subsidiary or waived by the Holders of the relevant Indebtedness within 60 days after the declaration of acceleration with respect thereto. If an Event of Default specified in clause (5Section 6.01(7) or (6Section 6.01(8) of Section 6.01 hereof occursabove occurs with respect to the Parent, such amounts shall ipso facto the Issuer or any Significant Subsidiary, the principal of, premium, if any, and accrued interest on the Notes then outstanding will automatically become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of at least a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, Notes by written notice to the Trustee Issuer and to the Trustee, may waive all past defaults and rescind an and annul a declaration of acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.if:

Appears in 2 contracts

Samples: Indenture (RLJ Lodging Trust), Indenture (RLJ Lodging Trust)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Issuer and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipIssuer, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (EQT Corp), Indenture (EQT Midstream Partners, LP)

Acceleration. If an Event of Default other than as described in clauses (e) or (f) of Section 6.01 with respect to any the Securities of any series at the time then outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, then, either the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal the Principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such the Securities are Original Issue Discount Securities, such portion of the principal amount Principal as may be specified in the terms thereof established pursuant to Section 2.03) of that series) and all accrued and unpaid interest on all the then outstanding Securities of such series or may declare each Security of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts that series due and payable on the Securities shall be due and payable immediatelyimmediately without further action or notice. If an Event of Default specified as described in clause clauses (5e) or (6f) of Section 6.01 hereof occursoccurs with respect to the Company, the Securities of such amounts shall ipso facto series will immediately become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holderthe Holders of the Securities of such series. The Holders of a majority in principal Principal amount of the then outstanding Securities of the such series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an any acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securitiesan Event of Default as described in clauses (e) or (f) of Section 6.01) if (1) the rescission would not conflict with any judgment or decree decree, (2) the Company has paid or deposited with the Trustee a sum sufficient to pay in the currency in which the Securities of that series are payable (A) all overdue interest, if any, on all outstanding Securities of that series, (B) all unpaid Principal of and premium, if any, on any outstanding Securities of that series which have become due otherwise than by such a declaration of acceleration, and interest on such unpaid Principal or premium at the rate or rates prescribed therefor in such Securities or, if no such rate or rates are so prescribed, at the rate borne by the Securities during the period of such default, and (C) to the extent that payment of such interest is enforceable under applicable law, interest upon overdue interest to that date of such payment or deposit at the rate or rates prescribed therefor in such Securities, or, if no such rate or rates are so prescribed, at the rate borne by the Securities during the period of such default and (3) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except other than for nonpayment of principalPrincipal, premium, if any, or interest or any Additional Amounts that has become due solely because of the acceleration) have been cured or waived.

Appears in 2 contracts

Samples: Indenture (Tapestry, Inc.), Indenture (Tapestry, Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorSubsidiary Guarantors, if any, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of of Section 6.01, 6.01 if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors, if any, and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Patterson Uti Energy Inc), Indenture (Patterson Uti Energy Inc)

Acceleration. If an any Event of Default with respect to any Securities the Debentures of any series at the time outstanding (other than an Event of Default specified in under clause (5d) or (6e) of Section 6.01) 6.1 occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in aggregate principal amount of the Debentures of that series then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (orof, if and any such Securities are Original Issue Discount Securitiesaccrued interest on, such portion of all the principal amount as may be specified in the terms Debentures of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payablepayable immediately. Upon any such declaration, the amounts due and payable on the Securities declaration such series of Debentures shall be become due and payable immediately. If an Event of Default specified in clause (5d) or (6e) of Section 6.01 hereof 6.1 occurs, such amounts the principal of, and any accrued interest on, all the Debentures shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderDebentureholders. The foregoing paragraph, however, is subject to the condition that if, at any time after the principal of the Debentures of that series shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Company shall pay or shall deposit with the Trustee a sum sufficient to pay all matured installments of interest upon all the Debentures of that series and the principal of and premium, if any, on all Debentures of that series which shall have become due otherwise than by acceleration (with interest upon such principal and premium, if any, and, to the extent that such payment is enforceable under applicable law, upon overdue installments of interest, at the rate accruing on the Debentures of that series to the date of such payment or deposit) and the amount payable to the Trustee under Section 7.7, and any and all Defaults under the Indenture, other than the nonpayment of principal of and interest on Debentures of that series which shall not have become due by their terms, shall have been remedied or waived as provided in Section 6.4, then and in every such case the Holders of at least a majority in aggregate principal amount of the Debentures of that series then outstanding Securities of the series affected by such Event of Default or all series, as the case may beoutstanding, by written notice to the Trustee Company and to the Trustee, may on behalf of all of the Holders of such series of Debentures rescind an acceleration and annul such declaration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (of Debentures; but no such rescission and annulment shall extend to or of all seriesshall affect any subsequent default, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or shall impair any Additional Amounts that has become due solely because of the accelerationright consequent thereon.

Appears in 2 contracts

Samples: Indenture (Anthem Inc), Indenture (Anthem Inc)

Acceleration. If an any Event of Default with respect to any series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5e) or (6f) of Section 6.016.01 hereof) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the such series affected by and of all Pari Passu Series with respect to which such Event of Default shall have occurred (or, in treating such series and all Pari Passu Series as a single class) may declare all the case Securities of all such series to be due and payable immediately. The holders of Trust Preferred Securities then outstanding of Trusts holding Securities of a series with respect to which an Event of Default described in clause (4) of Section 6.01, if outstanding shall have occurred and be continuing and Securities of other series are affected by all Pari Passu Series with respect to which such Event of DefaultDefault shall have occurred and be continuing may participate in the declaration, then at least 25% in substituting for such purpose the liquidation preference of the related Trust Preferred Securities for an equivalent principal amount of the then outstanding Securities (on a dollar-for-dollar basis) as to which such holders so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payableparticipate. Upon any such declaration, the amounts due principal of, premium, if any, and payable on accrued and unpaid interest with respect to the Securities of all such series shall be become due and payable immediately. If Notwithstanding the foregoing, if an Event of Default specified in clause (5e) or (6f) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts occurs with respect to the Securities) if the rescission would not conflict with any judgment or decree and if Company, all existing Events of Default with respect to outstanding Securities of all series shall be due and payable immediately without further action or notice, PROVIDED that series (or the payment of all series, as principal and interest on such Securities shall remain subordinated to the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the accelerationextent provided in Article 10.

Appears in 2 contracts

Samples: Subordinated Indenture (Rli Corp), Subordinated Indenture (Harleysville Group Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause clauses (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorGuarantors, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in aggregate principal amount of the then outstanding Securities so affectedaffected voting as one class) by notice to the PartnershipCompany, the Guarantor Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause clauses (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Contango ORE, Inc.), Indenture (Riley Exploration Permian, Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5iv) or (6v) of Section 6.015.01) occurs and is continuingcontinuing with respect to a series of Securities, the Trustee by notice to the Partnership Company and the GuarantorGuarantors given in conformity with Section 11.02, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Guarantors and the TrusteeTrustee given in conformity with Section 11.02, may declare the principal of (orof, premium, if any such Securities are Original Issue Discount Securitiesany, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such that series or of all series, as the case may be, to be due and payablepayable immediately. Upon any such declaration, declaration the amounts due and payable on the Securities of such series, as determined in accordance with the final paragraph of this Section 5.02, shall be due and payable immediately. If an Event of Default specified in clause (5iv) or (6v) of Section 6.01 hereof 5.01 occurs, such amounts the principal of, premium, if any, and interest on all Securities then outstanding shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The At any time after such an acceleration of a series of Securities has occurred and before a judgment for payment of the money due has been obtained by the Trustee as hereinafter in this Article V provided, the Holders of a majority in aggregate principal amount of the then outstanding Securities of that series, by notice to the Company, the Guarantors and the Trustee given in conformity with Section 11.02, may rescind and annul such acceleration and its consequences if: (1) the Company or a Guarantor has paid or deposited with the Trustee a sum sufficient to pay: (A) the principal of and premium, if any, on any Securities of that series affected which have become due otherwise than by such declaration of acceleration and any interest thereon then due at the rate or rates prescribed therefor in such Securities or in this Indenture, (B) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate or rates prescribed therefor in such Securities or in this Indenture, and (C) all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel; and (2) all Events of Default, other than the non-payment of the principal of Securities which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 5.04. No such rescission shall affect any subsequent Event of Default or all seriesimpair any right consequent thereon. If the Maturity of the Securities is accelerated pursuant to this Section 5.02, as 100% of the case may beprincipal amount thereof and premium, by written notice if any, shall become due and payable plus accrued and unpaid interest to the Trustee may rescind an acceleration and its consequences (other than nonpayment date of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the accelerationpayment.

Appears in 2 contracts

Samples: Indenture (Columbia Pipeline Group, Inc.), Indenture (Nisource Inc/De)

Acceleration. If Unless the Board Resolution, supplemental indenture or Officers' Certificate establishing such series provides otherwise, if an Event of Default (other than an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default Company specified in clause clauses (5e) or and (6f) of Section 6.01) with respect to any series of Securities at the time outstanding occurs and is continuing, then and in every such case the Trustee Trustee, by written notice to the Partnership and the GuarantorCompany, or the Holders holders of at least 25% in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in by the terms of that series) thereof), by written notice to the Company and all the Trustee, may declare the unpaid principal of, premium, if any, and accrued and unpaid interest interest, if any, on all then outstanding the Securities of such that series or of all series, as the case may be, to be due and payable. Upon any such declarationdeclaration such principal amount, the amounts premium, if any, and accrued and unpaid interest shall become immediately due and payable on payable, notwithstanding anything contained in this Indenture or the Securities shall be due and payable immediatelyof that series to the contrary, but subject to the provisions of Article XI hereof. If an any Event of Default with respect to the Company specified in clause clauses (5e) or (6f) of Section 6.01 hereof occurs, all unpaid principal of and premium, if any, and accrued and unpaid interest on Securities of any series then outstanding (or, if any Securities of that series are Original Issue Discount Securities, such amounts portion of the principal amount of such securities as may be specified by the terms thereof) shall ipso facto become and be immediately automatically due and payable subject to the provisions of Article XI hereof, without any declaration, notice declaration or other act on the part of the Trustee or any Holderholder of Securities of that series. The Holders holders of a majority in aggregate principal amount of the then outstanding Securities of the any series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration of the Securities of that series and its consequences if all existing Events of Default (other than nonpayment of principal of or premium or premium, if any, and interest on the Securities of that series which has become due solely by virtue of such acceleration) have been cured or any Additional Amounts with respect to the Securities) waived and if the rescission would not conflict with any judgment or decree and if all existing Events of any court of competent jurisdiction. No such rescission shall affect any subsequent Default or Event of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereto.

Appears in 2 contracts

Samples: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Partnership, the Guarantor and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Guarantor, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Heritage Propane Partners L P), Indenture (Heritage Propane Partners L P)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Shell International Finance B.V.), Indenture (Shell International Finance B.V.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(4) or (65)) with respect to Securities of Section 6.01) any Series occurs and is continuingcontin- uing, the Trustee may, by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% in principal amount of the such Securities of such Series then outstanding Securities of the series affected by such Event of Default (ormay, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may and the Trustee shall, upon the request of such Holders, declare the all unpaid principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may then be specified payable on acceleration as provided in the terms of that seriesthereof) and all accrued and unpaid interest to the date of acceleration on all then outstanding such Securities of such series or of all series, as the case may be, Series then outstanding (if not then due and payable) to be due and payable. Upon payable and, upon any such declaration, the amounts same shall become and be immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified in clause Section 6.01(4) or (5) or oc- curs, all unpaid principal (6) of Section 6.01 hereof occursor, if any Securities are Original Issue Discount Securities, such amounts portion of the principal amount as may then be payable on ac- celeration as provided in the terms thereof) and accrued interest on all Secu- rities of every Series then outstanding shall ipso facto become and be immediately immedi- ately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholder. Upon payment of such principal amount and in- terest, all of the Company's obligations under such Securities of such Series and this Indenture with respect to such Securities of such Series, other than obligations under Section 7.07, shall terminate. The Holders of a majority in principal amount of the Securities of such Series then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences if (i) all ex- isting Events of Default, other than nonpayment the non-payment of the principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.the

Appears in 2 contracts

Samples: Subordinated Indenture (Coastal Corp), Subordinated Indenture (Coastal Corp)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorGuarantors, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in aggregate principal amount of the then outstanding Securities so affectedaffected voting as one class) by notice to the PartnershipCompany, the Guarantor Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (KLX Energy Services Holdings, Inc.), Indenture Agreement (Berry Petroleum Company, LLC)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, Partnership and the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01)) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) that Series by notice to the Partnership, Issuer (and to the Guarantor and Trustee if such notice is given by the TrusteeHolders), may declare the principal of (oramount of, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts (including premium, if any, then due and payable on the Securities unpaid) shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01 hereof occurs, the principal amount of, and accrued and unpaid interest on all the Securities of such amounts Series shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences if (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securitiesi) if the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of, premium, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of acceleration, and (iii) the Issuer or the Guarantor has paid or deposited with the Trustee a sum sufficient to pay: (A) all overdue installments of interest on all outstanding Securities of such Series; (B) the principal of (and premium, if any, on) and all other amounts due with respect to any outstanding Securities of such Series which have become due otherwise than by such acceleration; and (C) to the extent that payment of such interest is lawful, interest upon overdue installments of interest at the rate specified in the Securities of such Series. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 2 contracts

Samples: Indenture (Continental Airlines, Inc.), Indenture (United Air Lines Inc)

Acceleration. If an Event of Default with respect to any series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6vi) of Section 6.016.1 with respect to the Issuer) occurs and is continuing, then and in every such case the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least not less than 25% in aggregate principal amount of the then outstanding Securities of such series may declare the principal of all of the outstanding Securities of such series affected and any accrued interest on the Securities of such series to be due and payable immediately by a notice in writing to the Issuer (and to the Trustee if given by the Holders); provided, however, that after such Event acceleration, but before a judgment or decree based on acceleration has been obtained or entered, the Holders of Default (ora majority in aggregate principal amount of the then outstanding Securities of such series may rescind and annul such acceleration and its consequences if all Events of Default, other than the nonpayment of accelerated principal of or interest on the Securities of such series, have been cured or waived as provided in this Indenture. In the case event of a declaration of acceleration of the Securities of a series solely because an Event of Default described in clause (4iv) of Section 6.016.1 has occurred and is continuing, if outstanding Securities the declaration of other series are affected by such Event of Default, then at least 25% in principal amount acceleration of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series shall be automatically rescinded and annulled if the event of default or payment default triggering such Event of all series, as Default pursuant to clause (iv) of Section 6.1 shall be remedied or cured or waived by the case may be, to be due holders of the relevant Debt within twenty (20) Business Days after the declaration of acceleration with respect thereto and payable. Upon if the rescission and annulment of the acceleration of the Securities of such series would not conflict with any such declaration, judgment or decree of a court of competent jurisdiction obtained by the Trustee for the payment of amounts due and payable on the Securities shall be due and payable immediatelyof such series. If an Event of Default specified in clause (5) or (6vi) of Section 6.01 hereof occurs6.1 occurs with respect to the Issuer, such amounts the principal of and any accrued interest on the Securities of each series then outstanding shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences withhold from Holders notice of any Default (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of except Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment in payment of principal, premium, interest or any Additional Amounts if any, and interest) if the Trustee determines that has become due solely because withholding notice is in the interests of the accelerationHolders.

Appears in 2 contracts

Samples: Indenture (WestRock Co), Indenture (WestRock Co)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture Agreement (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Partnership, the Guarantor and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Guarantor, the Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Conocophillips), Indenture (Conocophillips)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (54) or (65) of Section 6.01) occurs and is continuing, the Trustee Trustee, by written notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 2530% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (43) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 2530% in principal amount of the then outstanding Securities so affected) ), by written notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (54) or (65) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration, and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Fifth Supplemental Indenture (LGI Homes, Inc.)

Acceleration. If an Event of Default with respect to any a series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(7) or (6) of Section 6.016.01(8) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorIssuer of such series, or the Holders of at least 25% in principal amount of the Securities of such series then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) hereunder by notice to the Partnership, the Guarantor Issuer and the Trustee, may declare the principal of (or, if any the Securities of such Securities series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of Series Supplement relating to that series) of and all accrued and but unpaid interest on all then outstanding of the Securities of such series or of all series, as the case may be, (including past due Coupons appertaining thereto) then outstanding to be due and payable. Upon any such a declaration, the amounts due such principal, premium, if any, and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(7) or 6.01(8) with respect to the Company or the Issuer of such series occurs, the principal (6or, if the Securities of such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the Series Supplement relating to that series) of Section 6.01 hereof occurs, and interest on all of the Securities of such amounts series then outstanding hereunder (treated as one class) shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderHolder of a series of Securities. The Holders of a majority in principal amount of the then outstanding Securities of the such series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of acceleration and if all payments (including fees and expenses) due to the accelerationTrustee have been paid. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Graftech International LTD)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01with respect to the Company) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of that Series by written notice to the series affected Company (and to the Trustee if such notice is given by such Event the Holders), may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01 hereof with respect to the Company occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series of Securities by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Roadrunner Transportation Systems, Inc.)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default with respect to the Company specified in clause paragraph (5e) or and (6f) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series may declare the series affected by such Event of Default unpaid principal of, (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that seriessuch Security) premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payablepayable by notice in writing to the Company (and the Trustee, if given by the Holders) specifying the respective Event of Default and that it is a "notice of acceleration". Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default with respect to the Company specified in clause paragraph (5e) or (6f) of Section 6.01 hereof occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event any Series of Default or all series, as the case may be, Securities by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived with respect to such Series of Securities (except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all the Securities of that Series that has become due solely because of the acceleration).

Appears in 1 contract

Samples: Indenture (American Real Estate Finance Corp.)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.016.01(5)) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) Series by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal amount of (or, if any such Securities are in the case of Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereof specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, Series to be due and payable. Upon any such a declaration, the amounts due such principal and payable on the Securities interest shall be due and payable immediately. If an Event of Default with respect to any Series of Securities specified in clause (5Section 6.01(5) or (6) of Section 6.01 hereof occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in the terms of such amounts Security), premium, if any, and interest on all the Securities of such Series shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholders. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration of the Securities of such Series and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in the terms of such Security), premium, if any, or interest or any Additional Amounts on the Securities of such Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Coors Adolph Co)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Patterson Uti Energy Inc)

Acceleration. If an Event of Default other than as described in clauses ‎(e) or ‎(f) of ‎Section 6.01 with respect to any the Securities of any series at the time then outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, then, either the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal the Principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such the Securities are Original Issue Discount Securities, such portion of the principal amount Principal as may be specified in the terms thereof established pursuant to ‎Section 2.03) of that series) and all accrued and unpaid interest on all the then outstanding Securities of such series or may declare each Security of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts that series due and payable on the Securities shall be due and payable immediatelyimmediately without further action or notice. If an Event of Default specified as described in clause clauses (5e) or (6f) of Section ‎Section 6.01 hereof occursoccurs with respect to the Company, the Securities of such amounts shall ipso facto series will immediately become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holderthe Holders of the Securities of such series. The Holders of a majority in principal Principal amount of the then outstanding Securities of the such series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an any acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securitiesan Event of Default as described in clauses ‎(e) or ‎(f) of ‎Section 6.01) if (1) the rescission would not conflict with any judgment or decree decree, (2) the Company has paid or deposited with the Trustee a sum sufficient to pay in the currency in which the Securities of that series are payable (A) all overdue interest, if any, on all outstanding Securities of that series, (B) all unpaid Principal of and premium, if any, on any outstanding Securities of that series which have become due otherwise than by such a declaration of acceleration, and interest on such unpaid Principal or premium at the rate or rates prescribed therefor in such Securities or, if no such rate or rates are so prescribed, at the rate borne by the Securities during the period of such default, and (C) to the extent that payment of such interest is enforceable under applicable law, interest upon overdue interest to that date of such payment or deposit at the rate or rates prescribed therefor in such Securities, or, if no such rate or rates are so prescribed, at the rate borne by the Securities during the period of such default and (3) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except other than for nonpayment of principalPrincipal, premium, if any, or interest or any Additional Amounts that has become due solely because of the acceleration) have been cured or waived.

Appears in 1 contract

Samples: Indenture (Coach Inc)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default with respect to the Partnership specified in clause paragraph (5e) or and (6f) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series may declare the series affected by such Event of Default unpaid principal of, (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that seriessuch Security) premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. payable by notice in writing to the Partnership (and the Trustee, if given by the Holders) specifying the respective Event of Default and that it is a “notice of acceleration.” Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default with respect to the Partnership specified in clause paragraph (5e) or (6f) of Section 6.01 hereof occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event any Series of Default or all series, as the case may be, Securities by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived with respect to such Series of Securities (except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all the Securities of that Series that has become due solely because of the acceleration).

Appears in 1 contract

Samples: Indenture (America First Multifamily Investors, L.P.)

Acceleration. If an Event of Default other than as described in clauses ‎(d) or ‎(e) of ‎Section 6.01 with respect to any the Securities of any series at the time then outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, then, either the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal the Principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such the Securities are Original Issue Discount Securities, such portion of the principal amount Principal as may be specified in the terms thereof established pursuant to ‎Section 2.03) of that series) and all accrued and unpaid interest on all the then outstanding Securities of such series or may declare each Security of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts that series due and payable on the Securities shall be due and payable immediatelyimmediately without further action or notice. If an Event of Default specified as described in clause clauses (5d) or (6e) of Section ‎Section 6.01 hereof occursoccurs with respect to the Company, the Securities of such amounts shall ipso facto series will immediately become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holderthe Holders of the Securities of such series. The Holders of a majority in principal Principal amount of the then outstanding Securities of the such series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an any acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securitiesan Event of Default as described in clauses ‎(d) or ‎(e) of ‎Section 6.01) if (1) the rescission would not conflict with any judgment or decree decree, (2) the Company has paid or deposited with the Trustee a sum sufficient to pay in the currency in which the Securities of that series are payable (A) all overdue interest, if any, on all outstanding Securities of that series, (B) all unpaid Principal of and premium, if any, on any outstanding Securities of that series which have become due otherwise than by such a declaration of acceleration, and interest on such unpaid Principal or premium at the rate or rates prescribed therefor in such Securities or, if no such rate or rates are so prescribed, at the rate borne by the Securities during the period of such default, and (C) to the extent that payment of such interest is enforceable under applicable law, interest upon overdue interest to that date of such payment or deposit at the rate or rates prescribed therefor in such Securities, or, if no such rate or rates are so prescribed, at the rate borne by the Securities during the period of such default and (3) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except other than for nonpayment of principalPrincipal, premium, if any, or interest or any Additional Amounts that has become due solely because of the acceleration) have been cured or waived.

Appears in 1 contract

Samples: Indenture (Coach Inc)

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Acceleration. If an Event of Default with respect to any Debt Securities of any series at the time outstanding (other than an Event of Default specified in clause (5e) or (6f) of Section 6.016.01 with respect to the Issuer) occurs and is continuing, then the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least not less than 25% in principal amount of the then outstanding Debt Securities of the that series affected by such Event of Default (ormay, by a notice in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice writing to the PartnershipIssuer (and to the Trustee if given by the Holders), the Guarantor declare to be due and the Trustee, may declare payable immediately the principal of (or, if any such the Debt Securities of that series are Original Issue Discount Securities, such that portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest interest, if any, on all then outstanding Debt Securities of such series or of all affected series, as the case may be, to be due and payable. Upon any such declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5e) or (6f) of Section 6.01 hereof occursoccurs with respect to the Issuer, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any HolderHolder of outstanding Debt Securities. The Holders of a majority in principal amount of the then outstanding Debt Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Debt Securities) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and if all existing Events of Default with respect to Debt Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, premium or interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Targa Resources Corp.)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(4) or (65)) with respect to Securities of Section 6.01) any Series occurs and is continuing, the Trustee may, by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% in principal amount of the such Securities of such Series then outstanding Securities of the series affected by such Event of Default (ormay, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may and the Trustee shall, upon the request of such Holders, declare the all unpaid principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may then be specified payable on acceleration as provided in the terms of that series) thereof), premium, if any, and all accrued and but unpaid interest to the date of acceleration on all then outstanding such Securities of such series or of all series, as the case may be, Series then outstanding (if not then due and payable) to be due and payable. Upon payable and, upon any such declaration, the amounts same shall become and be immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified in clause Section 6.01(4) or (5) or (6) of Section 6.01 hereof occurs, all unpaid principal of (or, if any Securities are Original Issue Discount Securities, such amounts portion of the principal amount as may then be payable on acceleration as provided in the terms thereof), premium, if any, and accrued but unpaid interest on all Securities of every Series then outstanding shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholder. Upon payment of such principal amount, premium, if any, and interest, all of the Company's obligations under such Securities of such Series and this Indenture with respect to such Securities of such Series, other than obligations under Section 7.07, shall terminate. The Holders of a majority in principal amount of the then outstanding Securities of the series affected such Series then outstanding by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences if (i) all existing Events of Default, other than nonpayment the non-payment of the principal of the Securities of such Series which has become due solely by such declaration of acceleration, have been cured or premium or waived, (ii) to the extent the payment of such interest is lawful, interest on or any Additional Amounts with respect to the Securitiesoverdue installments of interest, premium, if any, and overdue principal, which has become due otherwise than by such declaration of acceleration, has been paid, (iii) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction and if (iv) all existing Events of Default with respect payments due to Securities of that series (or of all series, as the case may be) Trustee and any predecessor Trustee under Section 7.07 have been cured or waivedmade. Anything herein contained to the contrary notwithstanding, except nonpayment in the event of principalany acceleration pursuant to this Section 6.02, premium, interest or the Company shall not be obligated to pay any Additional Amounts that has become due solely because premium in connection with any repayment arising from an Event of the accelerationDefault.

Appears in 1 contract

Samples: Indenture (Vectren Utility Holdings Inc)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(7) or (6) of Section 6.018) with respect to any Issuer) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series by notice to the series affected by such Event Issuers, may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(7) or (6) of Section 6.01 hereof 8) with respect to any Issuer occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series of Securities by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Jones Apparel Group Usa Inc)

Acceleration. If an Event of Default (other than as specified in Section 6.01(g) or 6.01(h)) occurs and is continuing with respect to any the Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuingthen Outstanding, the Trustee Trustee, by written notice to the Partnership and the GuarantorTLGI, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the such series affected then Outstanding, by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by written notice to the Partnership, the Guarantor Trustee and the TrusteeTLGI, may declare the principal of amount (or, if any the Securities of such Securities series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that such series) of all the Securities of such series, premium, if any, and all accrued and unpaid interest interest, if any, on all then outstanding of the Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately, upon which declaration, all amounts payable in respect of the Securities of such series shall be immediately due and payable. If an Event of Default specified in clause (5Section 6.01(g) or 6.01(h) occurs and is continuing, then the unpaid principal amount (6) or, if the Securities of Section 6.01 hereof occursany series then Outstanding are Original Issue Discount Securities, such portion of the principal amounts as may be specified in the terms of each such series), premium, if any, and accrued and unpaid interest on all Securities of each series then outstanding shall ipso facto IPSO FACTO become and be immediately due and payable without any declaration, notice declaration or other act on the part of by the Trustee or any HolderSecurityholder. The After a declaration of acceleration hereunder with respect to Securities of any series, but before a judgment or decree for payment of the money due has been obtained by the Trustee, the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to TLGI and the Trustee Trustee, may rescind an acceleration and annul such declaration and its consequences if (other than nonpayment a) TLGI has paid or deposited with the Trustee a sum sufficient to pay (i) all amounts due the Trustee under Section 7.08 and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, (ii) all overdue interest on all Securities of such series, (iii) the principal of or premium or and premium, if any, on any Securities of such series which have become due otherwise than by such declaration of acceleration and interest on or any Additional Amounts with respect thereon at the rate borne by the Securities of such series, and (iv) to the Securitiesextent that payment of such interest is lawful, interest upon overdue interest and overdue principal which has become due otherwise than by such declaration of acceleration at the rate borne by the Securities of such series; (b) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction; and if (c) all existing Events of Default with respect to Securities Default, other than the non-payment of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principalprincipal of, premium, if any, and interest or any Additional Amounts on the Securities of such series that has become due solely because by such declaration of the acceleration, have been cured or waived as provided in Section 6.04; but no such rescission and annulment shall extent to or shall affect any subsequent default, or shall impair any right consequent thereon. No such rescission shall affect any subsequent Default or Event of Default or impair any right subsequent therein.

Appears in 1 contract

Samples: Indenture (Loewen Group International Inc)

Acceleration. If an Event of Default with respect to any the Outstanding Securities of any series at the time outstanding (other than an Event of Default specified in clause clauses (5vi) or and (6vii) of Section 6.01701) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorCompany, or the Holders of at least not less than 25% in aggregate principal amount of the then outstanding Outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by written notice to the Partnership, the Guarantor Company and the Trustee, may declare the unpaid principal of (or, if any of the Securities of such Securities series are Original Issue Discount Securities, such lesser portion of the principal amount of such Securities as may be specified in the terms of that series) thereof), premium, if any, and all any accrued and unpaid interest on all then outstanding the Securities of such that series or of all series, as the case may be, to be due and payable. Upon any such declarationdeclaration the principal (or specified portion thereof), the amounts due premium, if any, and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5vi) or (6vii) of Section 6.01 hereof occurs, 701 occurs with respect to the Company or any Subsidiary thereof such amounts an amount shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Outstanding Securities of the such series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that such series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, principal or interest or any Additional Amounts that has become due solely because of the acceleration) have been cured or waived.

Appears in 1 contract

Samples: Indenture (Benchmark Electronics Inc)

Acceleration. If an Event of Default (other than as specified in Section 6.01(g) or 6.01(h)) occurs and is continuing with respect to any the Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuingthen Outstanding, the Trustee Trustee, by written notice to the Partnership and the GuarantorTLGI, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the such series affected then Outstanding, by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by written notice to the Partnership, the Guarantor Trustee and the TrusteeTLGI, may declare the principal of amount (or, if any the Securities of such Securities series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that such series) of all the Securities of such series, premium, if any, and all accrued and unpaid interest interest, if any, on all then outstanding of the Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately, upon which declaration, all amounts payable in respect of the Securities of such series shall be immediately due and payable. If an Event of Default specified in clause (5Section 6.01(g) or 6.01(h) occurs and is continuing, then the unpaid principal amount (6) or, if the Securities of Section 6.01 hereof occursany series then Outstanding are Original Issue Discount Securities, such portion of the principal amounts as may be specified in the terms of each such series), premium, if any, and accrued and unpaid interest on all Securities of each series then outstanding shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of by the Trustee or any HolderSecurityholder. The After a declaration of acceleration hereunder with respect to Securities of any series, but before a judgment or decree for payment of the money due has been obtained by the Trustee, the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to TLGI and the Trustee Trustee, may rescind an acceleration and annul such declaration and its consequences if (other than nonpayment a) TLGI has paid or deposited with the Trustee a sum sufficient to pay (i) all amounts due the Trustee under Section 7.08 and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, (ii) all overdue interest on all Securities of such series, (iii) the principal of or premium or and premium, if any, on any Securities of such series which have become due otherwise than by such declaration of acceleration and interest on or any Additional Amounts with respect thereon at the rate borne by the Securities of such series, and (iv) to the Securitiesextent that payment of such interest is lawful, interest upon overdue interest and overdue principal which has become due otherwise than by such declaration of acceleration at the rate borne by the Securities of such series; (b) if the rescission would not conflict with any judgment or decree of a court of competent jurisdiction; and if (c) all existing Events of Default with respect to Securities Default, other than the non-payment of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principalprincipal of, premium, if any, and interest or any Additional Amounts on the Securities of such series that has become due solely because by such declaration of the acceleration, have been cured or waived as provided in Section 6.04; but no such rescission and annulment shall extent to or shall affect any subsequent default, or shall impair any right consequent thereon. No such rescission shall affect any subsequent Default or Event of Default or impair any right subsequent therein.

Appears in 1 contract

Samples: Indenture (Loewen Group International Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the Subsidiary Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Subsidiary Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Subordinated Indenture (Carrizo Oil & Gas Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5e) or (6f) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4d) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5e) or (6f) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Energy Transfer Equity, L.P.)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(6) or (67) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series by notice to the series affected by such Event Company, may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(6) or (67) of Section 6.01 hereof occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series of Securities by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Lucent Technologies Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5‎(5) or (6‎(6) of Section ‎Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4‎(4) of Section ‎Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5‎(5) or (6‎(6) of Section ‎Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree decree, the Trustee has been paid all amounts owed to it in connection with such Event of Default and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Senior Indenture (Pardril Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding Outstanding (other than an Event of Default specified in clause (5Section 6.1(3) or (6) of Section 6.014)) occurs and is continuing, the Trustee by notice to the Partnership Company and the GuarantorGuarantor (if the Securities are Guaranteed Securities), or the Holders of at least 25% in principal amount aggregate Principal Amount of the then outstanding Outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipCompany, the Guarantor Guarantor, as the case may be, and the Trustee, may declare the principal of Principal Amount (or, if any such of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount Principal Amount of such Securities as may be specified in the terms thereof) of all the Securities of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be immediately due and payable. Upon any such a declaration, the amounts due and payable on the Securities such Principal (or portion thereof) shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.1(3) or (64) occurs and is continuing, the Principal (or portion thereof) of Section 6.01 hereof occurs, such amounts all the Securities of that series shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholders. The Holders of a majority in principal amount aggregate Principal Amount of the then outstanding Outstanding Securities of the series affected by such Event of Default or all any series, as the case may be, by written notice to the Trustee (and without notice to any other Securityholder) may rescind an acceleration with respect to that series and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that such series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principal, premium, interest the Principal (or any Additional Amounts portion thereof) of Securities of such series that has become due solely because as a result of such acceleration and if all amounts due to the accelerationTrustee under Section 7.7 have been paid. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Aimco Properties Lp)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership Issuers and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the PartnershipIssuers, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the accelerationacceleration and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (Encore Energy Partners Operating LLC)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee Trustee, by written notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) ), by written notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration, and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (LGI Homes, Inc.)

Acceleration. (a) If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01with respect to the Company or any Subsidiary Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Securities of that Series by notice to the Partnership Company in writing (and to the GuarantorTrustee, or the if given by Holders of at least 25% in such Securities of such Series) specifying the Event of Default, may declare the principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest to the date of acceleration on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) of Section 6.01 hereof with respect to the Company or any Subsidiary Guarantor occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The . (b) At any time after the principal of the Securities of any Series of Securities shall have been so declared due and payable (or have become immediately due and payable), and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Holders of a majority in aggregate principal amount of the Securities of that Series then outstanding Securities of the series affected by such Event of Default or all series, as the case may behereunder, by written notice to the Trustee Company and the Trustee, may rescind an acceleration and annul such declaration and its consequences consequences, and waive such Event of Default, if: (i) the Company has paid or deposited with the Trustee a sum sufficient to pay all matured installments of interest upon all the Securities of that Series and the principal of (and premium, if any, on) any and all Securities of that Series that shall have become due otherwise than by acceleration (with interest upon such principal and premium, if any, and, to the extent that such payment is enforceable under applicable law, upon overdue installments of interest, at the rate per annum expressed in the Securities of that Series to the date of such payment or deposit) and the amount payable to the Trustee under Section 7.07, and (ii) any and all Events of Default under this Indenture with respect to such Series of Securities, other than the nonpayment of principal (or, in the case of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Original Issue Discount Securities of that series (or Series, the portion thereby specified in the terms of all seriessuch Security) on Securities of that Series that shall not have become due by their terms, as the case may be) shall have been cured remedied or waived, except nonpayment of principal, premium, interest waived as provided in Section 6.04. No such rescission shall affect any subsequent Default or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereto.

Appears in 1 contract

Samples: Indenture (Advance Auto Parts Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(1) or (6) of Section 6.012) occurs and is continuingcontinuing with respect to any Series of Securities, the Trustee Trustee, in its discretion, by notice to the Partnership and the GuarantorIssuer, or the Holders of at least 25% in principal amount of the then outstanding Securities of such Series by notice to the series affected by such Event Issuer, the Trustee may declare the principal amount of Default (or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in terms of such Security), premium, if any, and accrued and unpaid interest on all the Securities of such Series to be due and payable. If an Event of Default described specified in clause Section 6.01(3) or (4) occurs and is continuing, the Trustee, in its discretion, by notice to the Issuer, or the Holders of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affectedof all affected Series (all such affected Series voting together as a single class) by notice to the Partnership, the Guarantor Issuer and the Trustee, may declare the principal amount of (or, if any such Securities are in the case of Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereof specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, affected Series to be due and payable. Upon any declaration of the type described in the previous two sentences of this Section 6.02, such declarationprincipal amount, the amounts due premium, if any, and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) occurs and is continuing, the principal amount of Section 6.01 hereof occurs(or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in the terms of such amounts Security), premium, if any, and interest on all the outstanding Securities issued pursuant to this Indenture shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholders. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, any Series by written notice to the Trustee and the Issuer may rescind an acceleration of the Securities of such Series and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waivedwaived except non-payment of the principal amount of (or, except nonpayment in the case of principalOriginal Issue Discount Securities of that Series, the portion thereof specified in the terms of such Security), premium, if any, or interest or any Additional Amounts on the Securities of such Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Molson Coors Brewing Co)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause clauses (4a) or (b) of Section 6.01, if outstanding 6.1 with respect to the Securities of other any series are affected by or in clauses (c) or (f) of Section 6.1 with respect to the Securities of one or more but not all series then outstanding occurs and is continuing, then, and in each and every such Event case, except for any series of DefaultSecurities the principal of which shall have already become due and payable, then at least either the Trustee or the Holders of not less than 25% in aggregate principal amount of the Securities of each such series then outstanding Securities so affectedhereunder (each such series voting as a separate class) by notice in writing to the Partnership, Company (and to the Guarantor and the TrusteeTrustee if given by Securityholders), may declare the entire principal of (or, if the Securities of any such Securities series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that seriessuch series established pursuant to Section 2.3) and of all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as and the case may beinterest accrued thereon, if any, to be due and payable. Upon payable immediately, and upon any such declaration, declaration the amounts same shall become immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified described in clause (5c) or (6f) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts 6.1 with respect to the Securities of all series then outstanding occurs and is continuing, then and in each and every such case, unless the principal of all the Securities shall have already become due and payable, either the Trustee or the Holders of not less than 25% in aggregate principal amount of all the Securities then outstanding (treated as one class), by notice in writing to the Company (and to the Trustee if given by Securityholders), may declare the entire principal (or, if any Securities are Original Issue Discount Securities, such portion of the principal as may be specified in the terms thereof established pursuant to Section 2.3) of all the Securities then outstanding and interest accrued thereon, if any, to be due and payable immediately, and upon any such declaration the same shall become immediately due and payable. If an Event of Default described in clause (d) or (e) of Section 6.1 occurs and is continuing, then the principal amount (or, if any Securities are original Issue Discount Securities, such portion of the principal as may be specified in the terms thereof established pursuant to Section 2.3) of all the Securities then outstanding and interest accrued thereon, if any, shall be and become immediately due and payable, without any notice or other action by any Holder or the Trustee, to the full extent permitted by applicable law. The foregoing provisions, however, are subject to the condition that if, at any time after the principal (or, if the rescission would not conflict with any judgment or decree and if all existing Events Securities are Original Issue Discount Securities, such portion of Default with respect the principal as may be specified in the terms thereof established pursuant to Section 2.3) of the Securities of that any series (or of all seriesthe Securities, as the case may be) shall have been cured so declared due and payable, and before any judgment or waiveddecree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, except nonpayment the Company shall pay or shall deposit with the Trustee a sum sufficient to pay all matured installments of principalinterest upon all the Securities of each such series (or of all the Securities, premiumas the case may be) and the principal of any and all Securities of each such series (or of all the Securities, as the case may be) which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the same rate as the rate of interest or any Additional Amounts that has become due solely because Yield to Maturity (in the case of Original Issue Discount Securities) specified in the acceleration.Securities of each such series to the date of such payment or deposit) and such amount as shall be sufficient to cover all amounts owing the Trustee under Section

Appears in 1 contract

Samples: Indenture (Tyson Foods Inc)

Acceleration. (a) If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause Section 6.01(4) or (5) or (6) with respect to the Issuer or, in the case of Section 6.01a Guaranteed Series of Securities, any Subsidiary Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Securities of such Series by notice to the Partnership Issuer in writing (and to the GuarantorTrustee, or the if given by Holders of at least 25% in principal amount of the then outstanding Securities of such Series) specifying the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (oramount of, premium, if any such Securities are Original Issue Discount Securitiesany, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest to, but not including, the date of acceleration on all then outstanding the Securities of such series or of all series, as the case may be, Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause Section 6.01(4) or (5) or (6) with respect to the Issuer or, in the case of Section 6.01 hereof a Guaranteed Series of Securities, any Subsidiary Guarantor occurs, the principal amount of, premium, if any, and accrued and unpaid interest to, but not including, the date of such amounts Event of Default on all the Securities of such Series shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holder of the Securities of such Series. (b) At any time after the principal of the Securities of a Series shall have been so declared due and payable (or shall have become immediately due and payable), and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Holders of a majority in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may beSeries then outstanding, by written notice to the Trustee Issuer and the Trustee, may rescind an acceleration and annul such declaration and its consequences (other than nonpayment consequences, and waive such Event of principal Default, if any and all Events of or premium or interest on or any Additional Amounts Default under this Indenture with respect to such Series of Securities, other than the Securitiesnonpayment of accelerated principal, premium (if any), or interest (if any) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to on Securities of such Series that series (or of all seriesshall not have become due by their terms, as the case may be) shall have been cured or waived, except nonpayment of principal, premium, interest waived as provided in Section 6.04. No such rescission shall affect any subsequent Default or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereto.

Appears in 1 contract

Samples: Indenture (Physicians Realty L.P.)

Acceleration. (a) If an Event of Default with respect to any the Securities of any series at the time outstanding (then outstanding, other than an Event of Default specified in clause (5) or (6) of Section 6.01) a bankruptcy default with respect to the Company, occurs and is continuingcontinuing under the Indenture, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in aggregate principal amount of the Securities of such affected series then outstanding Securities of the (each such series affected treated as a separate class), by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by written notice to the PartnershipCompany (and to the Trustee if the notice is given by the Holders), the Guarantor may, and the TrusteeTrustee at the request of such Holders shall, may declare the principal of (or, if the Securities of any such Securities series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that seriessuch series established pursuant to Section 2.3) of and all accrued and unpaid interest on all then outstanding the Securities of such affected series or of all series, as the case may be, to be immediately due and payable. Upon a declaration of acceleration, such principal and interest will become immediately due and payable. If a bankruptcy default occurs with respect to the Company, the principal (or, if the Securities of any such declarationseries are Original Issue Discount Securities, such portion of the amounts due and payable on the Securities shall principal as may be due and payable immediately. If an Event of Default specified in clause (5) or (6the terms of such series established pursuant to Section 2.3) of Section 6.01 hereof occurs, such amounts shall ipso facto and accrued interest on all Securities of each series then outstanding will become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. . (b) The Holders of a majority in principal amount of the then outstanding Securities of the any affected series affected by such Event of Default or all series, as the case may be, by written notice to the Company and to the Trustee may waive all past defaults and rescind an and annul a declaration of acceleration and its consequences if (other than nonpayment 1) all existing Events of principal of or premium or interest on or any Additional Amounts Default with respect to the SecuritiesSecurities of such series, other than the nonpayment of the principal of and interest on the 38 Securities of such series that have become due solely by the declaration of acceleration, have been cured or waived, and (2) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities a court of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the accelerationcompetent jurisdiction.

Appears in 1 contract

Samples: Indenture (Compaq Computer Corp)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default with respect to the Company specified in clause paragraph (5e) or and (6f) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series may declare the series affected by such Event of Default unpaid principal of, (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that seriessuch Security) premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. payable by notice in writing to the Company (and the Trustee, if given by the Holders) specifying the respective Event of Default and that it is a "notice of acceleration." Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default with respect to the Company specified in clause paragraph (5e) or (6f) of Section 6.01 hereof occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event any Series of Default or all series, as the case may be, Securities by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, waived with respect to such Series of Securities (except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all the Securities of that Series that has become due solely because of the acceleration).

Appears in 1 contract

Samples: Indenture (American Real Estate Finance Corp.)

Acceleration. (a) If an Event of Default with respect to any Securities of any series at the time outstanding Outstanding (other than an Event of Default with respect to the Company specified in clause (5viii) or (6ix) of Section 6.018.01(a) hereof) occurs and is continuing, the Trustee (after receiving indemnities from the Holders to its satisfaction) by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% 25 percent in aggregate principal amount of the then outstanding Outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Outstanding Securities of such series or of all series, as the case may be, to be due and payablepayable immediately. Upon any such declaration, the amounts due and payable on the Securities shall of such series, as determined in Section 8.02(b) hereof, will be due and payable immediately. If an Event of Default specified in clause (5viii) or (6ix) of Section 6.01 8.01(a) hereof occurs, such amounts shall an amount will ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee and the Company or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of the any series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee and the Company may waive such Event of Default, rescind an acceleration and its consequences (other than except an acceleration due to nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the SecuritiesSecurities of such series) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived. (b) In the event that the maturity of the Securities of any series is accelerated pursuant to Section 8.02(a) hereof, except nonpayment 100 percent of principalthe principal amount of the Securities of such series (or in the case of a default under Section 8.01(a)(ii) or (iv) hereof resulting from a breach of the covenant set forth in Section 6.16 hereof, premium, interest or any Additional Amounts that has 101 percent of the principal amount of the Securities of such series) will become due solely because and payable plus accrued interest, if any, to the date of the accelerationpayment.

Appears in 1 contract

Samples: Senior Indenture (U S Home Corp /De/)

Acceleration. If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause in Section 6.01 (57) or (6) of Section 6.018) with respect to the Company) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in principal amount of the then outstanding Securities of that Series by notice to the series affected by such Event Company, may declare the principal amount of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereby specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, that Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(7) or (6) of Section 6.01 hereof 8) with respect to the Company occurs, the principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such amounts Security), premium, if any, and accrued and unpaid interest on all the Securities of each Series of Security shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected any Series of Securities by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration of that Series of Securities and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to such Series of Securities of that series (or of all series, as the case may be) have been cured or waived, waived except nonpayment of principalthe principal amount of (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and accrued and unpaid interest or any Additional Amounts on all Securities of that Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (CFM v R Tesco Inc)

Acceleration. If an Event of Default with respect to any the Securities of any series at the time outstanding (other than an Event of Default specified in clause clauses (5g) or (6h) of Section 6.01) occurs and is continuing, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default (orthat series, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice in writing to the Partnership, Company (and to the Guarantor and Trustee if given by the Trustee, Holders) may declare the unpaid principal of (or, if any such the Securities 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 premium, if any, and accrued and unpaid interest interest, if any, to the date of acceleration on all then outstanding Securities of such that series or of all series, as the case may be, to be due and payable. Upon payable immediately and, upon any such declaration, such principal amount (or, in the amounts case of Original Issue Discount Securities or Indexed Securities, such specified amount), and premium, if any, and accrued interest, if any, notwithstanding anything contained in this Indenture or the Securities to the contrary, shall become immediately due and payable on the Securities shall be due and payable immediatelypayable. If an Event of Default specified in clause clauses (5g) or (6h) of Section 6.01 hereof occurs, such amounts all unpaid principal of and accrued interest on all outstanding Securities shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Any such declaration with respect to the Securities of any series may be rescinded and annulled by the Holders of a majority in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences if all existing Events of Default with respect to the Securities of that series (other than the nonpayment of principal of or premium or and interest on the Securities of that series which has become due solely by virtue of such acceleration) have been cured or any Additional Amounts with respect to the Securities) waived and if the rescission would not conflict with any judgment or decree and if all existing Events of decree. No such rescission shall affect any subsequent Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereto.

Appears in 1 contract

Samples: Indenture (Metris Companies Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5) or (6) of Section 6.016.01 hereof) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) that default by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal of (or, if any such of those Securities are Original Issue Discount Securities, such that portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such that series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the those Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such those amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default that default or all series, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration."

Appears in 1 contract

Samples: First Supplemental Indenture (Nuveen Investments Inc)

Acceleration. If (a) Subject to Section 5.03, if an Event of Default (other than an Event of Default with respect to any Securities the Company of any series at the time outstanding type described in clauses (other than an Event of Default specified in clause (5d) or (6e) of Section 6.015.01) occurs and is continuingcontinuing with respect to Securities of any series, then, and in each and every such case, either the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25not less than 30% in aggregate principal amount of the then outstanding Securities of that series by notice in writing to the series Company and the Subsidiary Guarantors (and to the Trustee if given by Holders), may declare the entire principal of all the Securities of the affected by series, and the interest accrued thereon, if any, to be due and payable immediately, and upon any such Event of Default (ordeclaration, in the case of same shall become immediately due and payable. If an Event of Default described in clause (4d) or (e) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default5.01 occurs and is continuing, then at least 25% in the principal amount of all the Securities of the affected series then outstanding Securities so affected) by notice to the Partnershipoutstanding, the Guarantor and the Trustee, may declare the principal of (orinterest accrued thereon, if any such Securities are Original Issue Discount Securitiesany, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The . (b) At any time after such a declaration of acceleration with respect to the Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article 5 provided, the Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee Company, the Subsidiary Guarantors and the Trustee, may rescind an acceleration and annul such declaration and its consequences if (other than nonpayment i) the Company or a Subsidiary Guarantor has paid or deposited with the Trustee a sum sufficient to pay (A) all overdue interest on all of the Securities of that series, (B) the principal of (and premium, if any, on) Securities of that series which has become due otherwise than by such declaration of acceleration and any interest thereon at the rate or premium or interest on or any Additional Amounts with respect rates prescribed therefor in the Securities of that series, (C) to the Securitiesextent that payment of such interest is lawful, interest upon overdue interest at the rate or rates prescribed therefor in the Securities of that series, and (D) if all sums paid or advanced by the rescission would not conflict with any judgment or decree Trustee hereunder and if the compensation and reasonable expenses, disbursements and advances of the Trustee and the reasonable compensation, expenses, disbursements and advances of its agents and counsel; and (ii) all existing Events of Default with respect to the Securities of that series, other than the non-payment of the principal of the Securities of that series (or which have become due solely by such declaration of all seriesacceleration, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest waived as provided in Section 5.04. No such rescission will affect any subsequent default or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereon.

Appears in 1 contract

Samples: Indenture (Western Digital Technologies Inc)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (54) or (65) of Section 6.01) occurs and is continuing, the Trustee Trustee, by written notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (43) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) ), by written notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (54) or (65) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration, and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (LGI Homes, Inc.)

Acceleration. If an any Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (56) or (67) of Section 6.016.01(a) hereof) occurs and is continuingcontinuing under this Indenture, the Trustee or the holders of not less than 25% of the aggregate principal amount of all then outstanding Series of Debt (unless such Event of Default affects some but not all Series of Debt, in which case the holders of not less than 25% of the aggregate principal amount of the then outstanding Series of Debt that are affected by notice such Event of Default) may (subject to the Partnership terms and conditions of the GuarantorNotes/Term Intercreditor Agreement) declare the principal, premium, if any, interest and any other monetary obligations on all the then outstanding Notes to be due and payable immediately; provided, however, that (i) with respect to any Event of Default specified in clause (1) or (2) of Section 6.01(a) hereof with respect to the Series A-1 Notes but not the Series A-2 Notes (if issued) or the Term Loans, the Trustee or the Holders of at least 25% in principal amount of the then outstanding Securities of Series A-1 Notes may declare the series affected by such principal, premium, if any, interest and any other monetary obligations on all the then outstanding Series A-1 Notes to be due and payable immediately and (ii) with respect to any Event of Default (or, in the case of an Event of Default described specified in clause (41) or (2) of Section 6.016.01(a) hereof with respect to the Series A-2 Notes (if issued), if outstanding Securities but not the Series A-1 Notes or the Term Loans, the Trustee or the holders of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, Series A-2 Notes may declare the principal of (orprincipal, premium, if any, interest and any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest other monetary obligations on all the then outstanding Securities of such series or of all series, as the case may be, Series A-2 Notes to be due and payablepayable immediately. Upon any the effectiveness of such declaration, the amounts due such principal and payable on the Securities interest shall be due and payable immediately. If The Trustee shall have no obligation to accelerate the Notes if and so long as a committee of its Responsible Officers in good faith determines acceleration is not in the best interest of the Holders. Notwithstanding the foregoing, in the case of an Event of Default specified in arising under clause (56) or (67) of Section 6.01 hereof occurs6.01(a) hereof, such amounts all outstanding Notes shall ipso facto become and be immediately due and payable immediately without any declaration, notice further action or other act on the part of the Trustee or any Holdernotice. The Holders holders of a majority of the aggregate principal amount of all then outstanding Series of Debt (unless such Event of Default affects some but not all Series of Debt, in which case the holders of a majority of the aggregate principal amount of the then outstanding Securities Series of the series Debt that are affected by such Event of Default or all series, as the case may beDefault), by written notice to the Trustee Trustee, may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premiuminterest, interest Additional Interest, if any, or any Additional Amounts premium that has become due solely because of the acceleration) have been cured or waived; provided that any rescission of acceleration of the Series A-1 Notes, which acceleration resulted from an Event of Default specified in clause (1) or (2) of Section 6.01(a) hereof, must be approved by the Holders of more than 50% in principal amount of the then outstanding Series A-1 Notes, and any rescission of acceleration of the Series A-2 Notes (if issued), which acceleration resulted from an Event of Default specified in clause (1) or (2) of Section 6.01(a) hereof, must be approved by the Holders of more than 50% in principal amount of the then outstanding Series A-2 Notes.

Appears in 1 contract

Samples: Indenture (Ahny-Iv LLC)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (54) or (65) of Section 6.01) occurs and is continuing, the Trustee Trustee, by written notice to the Partnership Company and the GuarantorSubsidiary Guarantors, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (43) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) ), by written notice to the PartnershipCompany, the Guarantor Subsidiary Guarantors and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (54) or (65) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if (i) the rescission would not conflict with any judgment or decree and if decree, (ii) all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration., and (iii) the Trustee has been paid any amounts due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07. -36-

Appears in 1 contract

Samples: Third Supplemental Indenture (LGI Homes, Inc.)

Acceleration. If an Event In the case of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (57) or (6) 8) of Section 6.01) , with respect to Ventas, Inc. or any of its Significant Subsidiaries or any group of Subsidiaries that, taken as a whole, would constitute a Significant Subsidiary, all Outstanding Securities will become due and payable immediately without further action or notice. If any other Event of Default with respect to Securities of any series at the time Outstanding occurs and is continuinghas not been cured, the Trustee by notice to the Partnership and the Guarantor, or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, Outstanding may declare the entire principal of amount (or, if any such Securities are Original Issue Discount Securities or Indexed Securities, such portion of the principal amount as may be specified in the terms thereof) of the Securities of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payableimmediately payable by written notice to the Issuer, Ventas, Inc. and the Trustee. Upon any such declaration, the amounts due and payable on such principal amount (or specified amount) of the Securities of that series shall be become due and payable immediately. If an Event of Default specified in clause (5) or (6) of Section 6.01 hereof occurs, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Securities of the that series affected by such Event of Default or all series, as the case may bethen Outstanding, by written notice to the Trustee Trustee, may on behalf of all of the Holders rescind and annul an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission or annulment would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts premium that has become due solely because of the acceleration) have been cured or waived.

Appears in 1 contract

Samples: Indenture (Ventas Inc)

Acceleration. If an Event of Default (other than an Event of Default with respect to any Securities of any series at the time outstanding Company resulting from sub-clauses (other than an Event of Default specified in clause 4) or (5) or (6above) of Section 6.01) occurs shall have occurred and is be continuing, the Trustee by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% 25 percent in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the applicable Series then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, Series to be due and payablepayable immediately. Upon any such declarationdeclaration of acceleration, the amounts due and payable on the Securities shall of such Series will be due and payable immediately. If an Event of Default with respect to the Company specified in clause sub-clauses (4) or (5) or (6) of Section 6.01 hereof above occurs, all amounts due and payable on the Securities of such amounts shall Series will ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee and the Company or any Holder. The Holders of a majority in principal amount of the Securities of such Series then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee and the Company may waive any Default or Event of Default (other than any continuing Default or Event of Default in payment of principal or interest) with respect to such Series of Securities under the Indenture. Holders of a majority in principal amount of the then outstanding Securities of such Series may rescind an acceleration with respect to such Series and its consequences consequence (other than except an acceleration due to nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the SecuritiesSecurities of such Series) if the rescission would not conflict with any judgment or decree and if all existing Events of Default (other than non-payment of accelerated principal and premium, if any, with respect to Securities such Series of that series (or of all series, as the case may beSecurities) have been cured or waived. No such rescission shall extend to or shall affect any subsequent Event of Default, except nonpayment of principal, premium, interest or shall impair any Additional Amounts that has become due solely because of the accelerationright or power consequent thereon.

Appears in 1 contract

Samples: Indenture (Standard Pacific Corp /De/)

Acceleration. (a) If an Event of Default with respect to any Securities of any series at the time outstanding Outstanding (other than an Event of Default with respect to the Company specified in clause (5viii) or (6ix) of Section 6.018.01(a) hereof) occurs and is continuing, the Trustee (after receiving indemnities from the Holders to its satisfaction) by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% 25 percent in aggregate principal amount of the then outstanding Outstanding Securities of the such series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Outstanding Securities of such series or of all series, as the case may be, to be due and payablepayable immediately. Upon any such declaration, the amounts due and payable on the Securities shall of such series, as determined in Section 8.02(b) hereof, will be due and payable immediately. If an Event of Default specified in clause (5viii) or (6ix) of Section 6.01 8.01(a) hereof occurs, such amounts shall an amount will ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee and the Company or any Holder. The Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of the any series affected by such Event of Default or all series, as the case may be, by written notice to the Trustee and the Company may waive such Event of Default, rescind an acceleration and its consequences (other than except an acceleration due to nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the SecuritiesSecurities of such series) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived. 117 (b) In the event that the maturity of the Securities of any series is accelerated pursuant to Section 8.02(a) hereof, except nonpayment 100 percent of principalthe principal amount of the Securities of such series (or in the case of a default under Section 8.01(a)(ii) or (iv) hereof resulting from a breach of the covenant set forth in Section 6.16 hereof, premium, interest or any Additional Amounts that has 101 percent of the principal amount of the Securities of such series) will become due solely because and payable plus accrued interest, if any, to the date of the accelerationpayment.

Appears in 1 contract

Samples: Senior Indenture (U S Home Corp /De/)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (5Section 6.01(1) or (6) of Section 6.012) occurs and is continuingcontinuing with respect to any Series of Securities, the Trustee Trustee, in its discretion, by notice to the Partnership and the GuarantorIssuer, or the Holders of at least 25% in principal amount of the then outstanding Securities of such Series by notice to the series affected by such Event Issuer and the Trustee may declare the principal amount of Default (or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in terms of such Security), premium, if any, and accrued and unpaid interest on all the Securities of such Series to be due and payable. If an Event of Default described specified in clause Section 6.01(3) or (4) occurs and is continuing, the Trustee, in its discretion, by notice to the Issuer, or the Holders of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affectedof all affected Series (all such affected Series voting together as a single class) by notice to the Partnership, the Guarantor Issuer and the Trustee, may declare the principal amount of (or, if any such Securities are in the case of Original Issue Discount SecuritiesSecurities of that Series, such the portion of the principal amount as may be thereof specified in the terms of that series) such Security), premium, if any, and all accrued and unpaid interest on all then outstanding the Securities of such series or of all series, as the case may be, affected Series to be due and payable. Upon any declaration of the type described in the previous two sentences of this Section 6.02, such declarationprincipal amount, the amounts due premium, if any, and payable on the Securities interest shall be due and payable immediately. If an Event of Default specified in clause (5Section 6.01(5) or (6) occurs and is continuing, the principal amount of Section 6.01 hereof occurs(or, in the case of Original Issue Discount Securities of that Series, the portion thereof specified in the terms of such amounts Security), premium, if any, and interest on all the outstanding Securities issued pursuant to this Indenture shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any HolderSecurityholders. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may be, any Series by written notice to the Trustee and the Issuer may rescind an acceleration of the Securities of such Series and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waivedwaived except non-payment of the principal amount of (or, except nonpayment in the case of principalOriginal Issue Discount Securities of that Series, the portion thereof specified in the terms of such Security), premium, if any, or interest or any Additional Amounts on the Securities of such Series that has become due solely because of the acceleration. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Molson Coors Brewing Co)

Acceleration. If an Event of Default with respect to any Securities of any series at the time outstanding (other than an Event of Default specified in clause (57) or (6) 8) of Section 6.016.01 with respect to the Company) occurs and is continuing, the Trustee by notice to the Partnership and the GuarantorCompany, or the Holders of at least 25% in principal amount of the then outstanding Securities of the series affected by such Event of Default (or, in the case of an Event of Default described relating to the Company's failure to comply with the covenants in clause (4) of Section 6.01Sections 4.07 or 4.08, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor Company and the Trustee, may declare the principal of (or, if any such Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest on all then outstanding Securities of such series or of all series, as the case may be, to be due and payable. Upon any such declaration, declaration the amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause (57) or (6) 8) of Section 6.01 hereof occursoccurs with respect to the Company, such amounts shall ipso facto become and be immediately due and payable without any declaration, notice or other act on the part of the Trustee or any Holder. The Holders of a majority in principal amount of the then outstanding Securities of the series affected by such Event of Default or all seriesseries so affected, as the case may be, by written notice to the Trustee may rescind an acceleration and its consequences (other than nonpayment of principal of or premium or interest on or any Additional Amounts with respect to the Securities) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to Securities of that series (or of all series, as the case may be) have been cured or waived, except nonpayment of principal, premium, interest or any Additional Amounts that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Schlumberger LTD /Nv/)

Acceleration. (a) If an Event of Default with respect to any Series of Securities of any series at the time outstanding (other than an Event of Default specified in clause Section 6.01(4) or (5) or (6) with respect to the Company or, in the case of Section 6.01a Guaranteed Series of Securities, any Subsidiary Guarantor) occurs and is continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the outstanding Securities of such Series by notice to the Partnership Company in writing (and to the GuarantorTrustee, or the if given by Holders of at least 25% in principal amount of the then outstanding Securities of such Series) specifying the series affected by such Event of Default (or, in the case of an Event of Default described in clause (4) of Section 6.01, if outstanding Securities of other series are affected by such Event of Default, then at least 25% in principal amount of the then outstanding Securities so affected) by notice to the Partnership, the Guarantor and the Trustee, may declare the principal of (oramount of, premium, if any such Securities are Original Issue Discount Securitiesany, such portion of the principal amount as may be specified in the terms of that series) and all accrued and unpaid interest to, but not including, the date of acceleration on all then outstanding the Securities of such series or of all series, as the case may be, Series to be due and payable. Upon any such a declaration, the such amounts due and payable on the Securities shall be due and payable immediately. If an Event of Default specified in clause Section 6.01(4) or (5) or (6) with respect to the Company or, in the case of Section 6.01 hereof a Guaranteed Series of Securities, any Subsidiary Guarantor occurs, the principal amount of, premium, if any, and accrued and unpaid interest to, but not including, the date of such amounts Event of Default on all the Securities of such Series shall ipso facto become and be immediately due and payable without any declaration, notice declaration or other act on the part of the Trustee or any Holder. The Holder of the Securities of such Series. (b) At any time after the principal of the Securities of a Series shall have been so declared due and payable (or shall have become immediately due and payable), and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Holders of a majority in aggregate principal amount of the then outstanding Securities of the series affected by such Event of Default or all series, as the case may beSeries then outstanding, by written notice to the Trustee Company and the Trustee, may rescind an acceleration and annul such declaration and its consequences (other than nonpayment consequences, and waive such Event of principal Default, if any and all Events of or premium or interest on or any Additional Amounts Default under this Indenture with respect to such Series of Securities, other than the Securitiesnonpayment of accelerated principal, premium (if any), or interest (if any) if the rescission would not conflict with any judgment or decree and if all existing Events of Default with respect to on Securities of such Series that series (or of all seriesshall not have become due by their terms, as the case may be) shall have been cured or waived, except nonpayment of principal, premium, interest waived as provided in Section 6.04. No such rescission shall affect any subsequent Default or impair any Additional Amounts that has become due solely because of the accelerationright consequent thereto.

Appears in 1 contract

Samples: Indenture (O Reilly Automotive Inc)

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