Common use of Annulment of Acceleration of Notes Clause in Contracts

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a), then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)10.2(a)(ii) hereof, then and in every such case, the holders of at least seventysixty-six percent (7666%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary Restricted Subsidiaries and any AffiliateAffiliates) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)10.2(a)(ii) hereof) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 12.5 hereof or otherwise made good or cured; , and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant The provisions of Section 8.2 are subject to Section 8.2(athe condition that if the principal of and accrued interest on the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), then and in every such caseinclusive, of Section 8.1, the holder or holders of at least seventy66-six percent (76%) 2/3% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with furnished to the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notes; this Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable solely by reason of such declaration under Section 8.2(a)8.2) and under the Guaranty Agreement and under the Subsidiary Guarantees shall have been duly paid; and paid and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 cured or otherwise made good or curedwaived; and provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereonthereto.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)8.1 by any holder or holders of the Notes, then and in every such case, the holders of at least seventy-six percent (76%) greater than 50% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then directly or indirectly owned by any one or more of the Company, any Subsidiary and of its subsidiaries, any AffiliateAffiliates and/or any Related Person) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto this Agreement or the Notesany other Financing Document; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement and under any Financing Document (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable by reason of such declaration under Section 8.2(a)declaration) shall have been duly paid; and (c) each and every other Default default and Event of Default shall have been waived pursuant to Section 10.5 the Agreement or any other Financing Document or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration notice is made given pursuant to Section 8.2(a)14.1 hereof by any holder or holders of Notes, or upon the happening of an Event of Default, then the holders of such Notes as shall have delivered such notice, if less than all the Notes have been declared due and payable, and in every other such case, the holders of at least seventy-six percent (76%) 60% in aggregate unpaid principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the CompanyPartnership, rescind and annul such declaration, and the consequences thereof; provided, provided however, that at the time such declaration is shall be annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notesthis Agreement; (b) all arrears of principal, premium and interest upon all the Notes and all other sums payable hereunder and under the Notes and this Agreement (except including costs and expenses of the holders incurred in connection with such notice under Section 14.1 hereof or annulment under this Section 14.6, but excluding any principal of, or interest or Make-Whole Amount on, on the Notes that shall have become due and payable solely by reason of such declaration notice under Section 8.2(a)14.1 hereof or happening of such Event of Default) shall have been duly paid; and (c) each and every other default hereunder and Event of Default and Event of Default Acceleration shall have been waived pursuant to Section 10.5 or otherwise made good 17.4 hereof or cured; and and, provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or Event of Acceleration or impair any right or power consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)8.2(a)(ii) hereof, then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)8.2(a)(ii) hereof) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 hereof or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a7.2(a)(ii), then and in every such case, the holders of at least seventy-six five percent (7675%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary Subsidiaries and any AffiliateAffiliates) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided PROVIDED that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a7.2(a)(ii)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further PROVIDED FURTHER that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a), then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)8.2(a)(ii) in respect of all of the Notes of all holders or pursuant to Section 8.2(b) in respect of all of the Notes of one or more holders, then and then, in every such either case, the holders of at least seventysixty-six one percent (7661%) or more in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary Subsidiaries and any AffiliateAffiliates) may, by written instrument filed with the CompanyCompany (and, in the case of any such declaration pursuant to Section 8.2(b), delivered to the holder or holders of such Notes that were subject to such declaration), rescind and annul such declaration, declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a8.2(a)(ii) or Section 8.2(b), as the case may be) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant The provisions of the foregoing Section 9.2 are subject to Section 8.2(a)the condition that if the principal of, then premium, if any, and in every such caseaccrued interest on the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default, the holder or holders of at least seventy66-six percent (76%) 2/3% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notes; this Agreement, (bii) all arrears of principal, interest and any penalty interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable solely by reason of such declaration under Section 8.2(a)9.2) shall have been duly paid; and paid and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 cured or otherwise made good or curedwaived; and provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereonthereto.

Annulment of Acceleration of Notes. If a declaration is made pursuant The provisions of Section 8.2 are subject to Section 8.2(athe condition that if the principal of and accrued interest on the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), then and in every such caseinclusive, of Section 8.1, the holder or holders of at least seventy66-six percent (76%) 2/3% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, decla- ration and the consequences thereof, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notes; this Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable solely by reason of such declaration under Section 8.2(a)8.2) shall have been duly paid; and paid and (ciii) each and every other Default and or Event of Default shall have been waived pursuant to Section 10.5 cured or otherwise made good or curedwaived; and provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereonthereto.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)10.1, then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof; provided, provided however, that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all of the Notes and all of the other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a)) 10.1 shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 15 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a), then and in every such case, the holders of at least seventysixty-six and two-thirds percent (7666-2/3%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a6.2(a)(i)(B) or Section 6.2(a)(ii), then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof; PROVIDED, provided HOWEVER, that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all of the Notes and all of the other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Prepayment Compensation Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a)6.2(a)(i)(B) or Section 6.2(a)(ii) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 9.5 or otherwise made good or cured; and provided further PROVIDED, FURTHER, that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a6.2(a)(i)(2), then and in every such case, the holders of at least seventy-six percent (76%) notwithstanding anything herein or in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of to the Companycontrary, any Subsidiary and any Affiliate) the Required Holders may, by written instrument filed with the CompanyIssuers, rescind and annul such declaration, and the consequences thereof, provided provided, however that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto thereto or the Notes; (b) all arrears of interest upon all of the Notes and all of the other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount Prepayment Fee on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a)6.2(a)(i)(2) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 9.5 or otherwise made good or cured; and provided further provided, further, that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant The provisions of Section 8.2 are subject to Section 8.2(athe condition that if the principal of and accrued interest on the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (h), then and in every such caseinclusive, of Section 8.1, the holder or holders of at least seventy66-six percent (76%) 2/3% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with furnished to the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notes; this Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable solely by reason of such declaration under Section 8.2(a)8.2) and under the Subsidiary Guarantees shall have been duly paid; and paid and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 cured or otherwise made good or curedwaived; and provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereonthereto.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)9.2(a)(ii) hereof, then and in every such case, the holders of at least seventyfifty-six one percent (7651%) in aggregate principal amount of the Notes then at the time outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a)9.2(a)(ii) hereof) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 11.5 hereof or otherwise made good or cured; , and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant The provisions of Section 8.2 are subject to Section 8.2(athe condition that if the principal of and accrued interest on the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), then and in every such caseinclusive, of Section 8.1, the holder or holders of at least seventy66-six percent (76%) 2/3% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with furnished to the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notes; this Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable solely by reason of such declaration under Section 8.2(a)8.2) and under the Subsidiary Guarantees shall have been duly paid; and paid and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 cured or otherwise made good or curedwaived; and provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereonthereto.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a8.2(a)(ii), then and in every such case, the holders of at least seventyfifty-six one percent (7651%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary Subsidiaries and any AffiliateAffiliates) may, by written instrument filed with the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a8.2(a)(ii)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a8.2(a)(ii), then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, declaration and the consequences thereof, provided PROVIDED that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a8.2(a)(ii)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 11.5 or otherwise made good or cured; and provided further PROVIDED FURTHER that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)12.1 by any Holder or Holders of the Notes, then and in every such case, the holders Holders of at least seventy-six percent (76%) 50% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then directly or indirectly owned by any one or more of the Company, any Subsidiary and of its subsidiaries any AffiliateAffiliates and/or any Related Party) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no No judgment or decree shall have has been entered for the payment of any moneys monies due on or pursuant hereto or to the Notes; (b) all All arrears of interest (if any) upon all the Notes and all other sums payable hereunder and under the Notes (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable by reason of such declaration under Section 8.2(a)declaration) shall have been duly paid; and (c) each Each and every other Default default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)8.2(a)(ii) hereof, then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the CompanyCompany within ninety (90) days after such declaration, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a)8.2(a)(ii) hereof) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 10.6 hereof or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)paragraph 7B(i)(b) of this Agreement in respect of any Notes by any holder or holders thereof then, then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided PROVIDED that at the time such declaration is annulled and rescinded: (ai) no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notesthis Agreement; (bii) all arrears of interest upon all of the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal of, of or interest or Make-Whole Amount on, on the Notes that shall have which has become due and payable by reason of such declaration under Section 8.2(a)paragraph 7B(i)(b) of this Agreement) shall have been duly paid; and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 paragraph 11C of this Agreement or otherwise made good or cured; , and provided further PROVIDED FURTHER that no such rescission and annulment shall extend to or affect any subsequent 33 Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)8.2(a)(ii) hereof, then then, and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the CompanyCompany within ninety (90) days after such declaration, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a)8.2(a)(ii) hereof) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 10.6 hereof or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant The provisions of Section 8.2 are subject to Section 8.2(athe condition that if the principal of and accrued interest on the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (h), then and in every such caseinclusive, of Section 8.1, the holder or holders of at least seventy66-six percent (76%) 2/3% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with furnished to the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notes; this Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable solely by reason of such declaration under Section 8.2(a)8.2) shall have been duly paid; and paid and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 cured or otherwise made good or curedwaived; and provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereonthereto.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)12.1, then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof; PROVIDED, provided HOWEVER, that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all of the Notes and all of the other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a)) 12.1 shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 17 or otherwise made good or cured; and provided further PROVIDED FURTHER that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a), then and in every such case, the holders of at least seventysixty-six percent (7666%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.;

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a), then and in every such case, the holders of at least seventysixty-six percent (7666%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (aA) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (bB) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)) shall have been duly paid; and (cC) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant The provisions of Section 8.2 are subject to Section 8.2(athe condition that if the principal of and accrued interest on the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), then and in every such caseinclusive, of Section 8.1, the holder or holders of at least seventy66-six percent (76%) 2/3% in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with furnished to the CompanyGuarantor, rescind and annul such declaration, declaration and the consequences thereof, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notes; this Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable solely by reason of such declaration under Section 8.2(a)8.2) and under the Guaranty Agreement and under the Subsidiary Guarantees shall have been duly paid; and paid and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 cured or otherwise made good or curedwaived; and provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereonthereto.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a11.2(a), then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a11.2(a)) shall have been duly paid; and (c) each and every other Default, Event of Default and Event of Default Acceleration shall have been waived pursuant to Section 10.5 17 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default, Event of Default or Event of Default Acceleration or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)paragraph 7B(i)(b) of this Agreement in respect of any Notes by any holder or holders thereof then, then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (ai) no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notesthis Agreement; (bii) all arrears of interest upon all of the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal of, of or interest or Make-Whole Amount on, on the Notes that shall have which has become due and payable by reason of such declaration under Section 8.2(a)paragraph 7B(i)(b) of this Agreement) shall have been duly paid; and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 paragraph 11C of this Agreement or otherwise made good or cured; , and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a), then and in every such case, the holders of at least seventysixty-six percent (7666%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.”

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a8.2(a)(ii), then and in every such case, the holders of at least seventysixty-six percent (7666%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a8.2(a)(ii)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a9.2(a)(i)(B), then and in every such case, the holders of at least seventy-six more than fifty percent (7650%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary Subsidiaries and any AffiliateAffiliates) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all of the Notes and all of the other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a9.2(a)(i)(B)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 12.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a), then and in every such case, the holders of at least seventysixty-six percent (7666%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a0(a)(ii), then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a0(a)(ii)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 0 or otherwise made good or cured; , and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant The provisions of Section 8.2 are subject to Section 8.2(athe condition that if the principal of and accrued interest on the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (h), then and in every such caseinclusive, of Section 8.1, the holder or holders of at least seventy66-six percent (762/3%) . in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes or pursuant hereto or the Notes; this Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Agreement (except any principal ofprincipal, or interest or Make-Whole Amount on, premium on the Notes that shall have which has become due and payable solely by reason of such declaration under Section 8.2(a)8.2) shall have been duly paid; and paid and (ciii) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 cured or otherwise made good or curedwaived; and provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default default or Event of Default or impair any right consequent thereonthereto.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a)9.2(a) by any Holder or Holders of the Notes of any Series, then and in every such case, the holders of at least seventy-six percent (76%) Holders holding more than 75% in aggregate principal amount of the Notes of such Series then outstanding (exclusive of Notes then owned by the Company or any one or more of the Company, any Subsidiary Restricted Subsidiaries and any AffiliateAffiliates of any such Person) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have has been entered for the payment of any moneys monies due on pursuant to the Notes of such Series or pursuant hereto or the Notesthis Agreement; (b) all arrears of interest upon all the Notes of such Series and all other sums payable hereunder and under the Notes of such Series and under this Agreement (except any principal of, or interest or Make-Whole Amount on, on the Notes that shall have of such Series which has become due and payable by reason of such declaration under Section 8.2(a9.2(a)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 12.4(a) or otherwise made good or cured; and , and, provided further further, that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a8.2(a)(ii), then and in every such case, the holders of at least seventy-six percent (76%) % in aggregate principal amount of the Notes then at the time outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and or any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or to the Notes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that shall have become due and payable by reason of such declaration under Section 8.2(a8.2(a)(ii)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 11.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a6.2(a)(i)(B), then and in every such case, the holders of at least seventysixty-six and two-thirds percent (7666 and 2/3%) in aggregate principal amount of the Notes then at the time outstanding (exclusive of Notes then owned by any one or more of the Company, any Restricted Subsidiary and or any Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof; provided, provided however, that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all of the Notes and all of the other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Prepayment Compensation Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a6.2(a)(i)(B)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 9.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.. 38 42

Annulment of Acceleration of Notes. If a declaration is made pursuant to Section 8.2(a5.2(a)(i), then and in every such case, the holders of at least seventy-six percent (76%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary and any Affiliate) Required Holders may, by written instrument filed with the Company, rescind and annul such declaration, and the consequences thereof; provided, provided however, that at the time such declaration is annulled and rescinded: (a) no judgment or decree shall have been entered for the payment of any moneys due on or pursuant hereto or the Notes; (b) all arrears of interest upon all of the Notes and all of the other sums payable hereunder and under the Notes (except any principal of, or interest or Make-Whole Amount on, the Notes that which shall have become due and payable by reason of such declaration under Section 8.2(a5.2(a)(i)) shall have been duly paid; and (c) each and every other Default and Event of Default shall have been waived pursuant to Section 10.5 7.5 or otherwise made good or cured; and provided further that no such rescission and annulment shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereon.