Common use of Annulment of Acceleration of Notes Clause in Contracts

Annulment of Acceleration of Notes. If (i) a declaration is made pursuant to Section 6.2(a) by the Trustee, then, and in every such case, the Majority Holders may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof or (ii) a declaration is made pursuant to Section 6.2(b) by a holder of any of the Notes, then, such holder may, by written instrument filed with the Issuer and the Trustee, 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and annul such declaration, and the consequences thereof; provided, that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due on or pursuant to the Notes or this Indenture; (b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Indenture, except any principal of, or interest or any applicable Make-Whole Amount on, the Notes which has become due and payable solely by reason of such declaration under Section 6.2(a) or Section 6.2(b), shall have been duly paid; (c) each and every other Indenture Default and Indenture Event of Default shall have been waived pursuant to Section 10.2 or otherwise made good or cured; and, provided further, that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default or Indenture Event of Default or (ii) impair any right consequent thereon.

Annulment of Acceleration of Notes. If (i) a declaration notice is made given pursuant to Section 6.2(a) 14.1 hereof by any holder or holders of Notes, or upon the Trusteehappening of an Event of Default, thenthen 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 Majority Holders holders of at least 60% in aggregate unpaid principal amount of the Notes then outstanding may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof or (ii) a declaration is made pursuant to Section 6.2(b) by a holder of any of the Notes, then, such holder may, by written instrument filed with the Issuer and the TrusteePartnership, rescind and annul such declaration, and the consequences thereof; provided, however, that at the time such declaration is shall be annulled and rescinded: (a) no judgment or decree has shall have been entered for the payment of any monies due on or pursuant to the Notes or this IndentureAgreement; (b) all arrears of principal, premium and interest upon all the Notes and all other sums payable under the Notes and this Agreement (including costs and expenses of the holders incurred in connection with such notice under Section 14.1 hereof or annulment under this IndentureSection 14.7, except but excluding any principal of, or interest or any applicable Make-Whole Amount on, on the Notes which has that shall have become due and payable solely by reason of such declaration notice under Section 6.2(a14.1 hereof or happening of such Event of Default) or Section 6.2(b), shall have been duly paid;; and (c) each and every other Indenture Default default hereunder and Indenture Event of Default and Event of Acceleration shall have been waived pursuant to Section 10.2 or otherwise made good 17.4 hereof or cured; and, provided further, that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default default or Indenture Event of Default or (ii) Event of Acceleration or impair any right or power consequent thereon.

Annulment of Acceleration of Notes. If (i) a declaration is made pursuant to Section 6.2(a7.2(a) by the Trustee, then, and in every such case, the Majority Required Holders may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof or (ii) a declaration is made pursuant to Section 6.2(b7.2(b) by a holder of any of the Notes, then, such holder may, by written instrument filed with the Issuer and the Trustee, 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 has been entered for the payment of any monies due on or pursuant to the Notes or this Indenture; (b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Indenture, except any principal of, or interest or any applicable Make-Whole Amount and/or Breakage Amount on, the Notes which has become due and payable solely by reason of such declaration under Section 6.2(a7.2(a) or Section 6.2(b7.2(b), shall have been duly paid; (c) each and every other Indenture Default and Indenture Event of Default shall have been waived pursuant to Section 10.2 11.2 or otherwise made good or cured; and, provided further, that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default or Indenture Event of Default or (ii) impair any right consequent thereon.

Annulment of Acceleration of Notes. If The provisions of Section 8.2 are subject to the 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 paragraph (ic) a declaration is made pursuant to through paragraph (h), inclusive, or paragraph (j) through paragraph (m), inclusive, of Section 6.2(a) by the Trustee, then, and in every such case8.1, the Majority Holders holder or holders of at least 70% in aggregate principal amount of the Notes, the May 1995 Series Notes and the April 1994 Series Notes (taken together and voting as one class) then outstanding (exclusive of Notes, May 1995 Series Notes and April 1994 Series Notes held in the name of, or owned beneficially by, any one or more of the Company, any Subsidiary or any Affiliate) may, by written instrument filed with the Issuer and the TrusteeCompany, rescind and annul such declaration, and the consequences thereof or (ii) a declaration is made pursuant to Section 6.2(b) by a holder of any of the Notes, then, such holder may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof; provided, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree has been entered for the payment of any monies due on or pursuant to the Notes or this Indenture; Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable under the Notes notes and under this Indenture, Agreement (except any principal ofprincipal, or interest or any applicable Make-Whole Amount on, premium on the Notes which has become due and payable solely by reason of such declaration under Section 6.2(a8.2) or Section 6.2(b), shall have been duly paid; paid and (ciii) each and every other Indenture Default and Indenture Event of Default shall have been waived pursuant to Section 10.2 cured or otherwise made good or curedwaived; and, and provided further, that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default or Indenture Event of Default or (ii) impair any right consequent thereonthereto." 10. AMENDMENT TO SECTION 8.4

Annulment of Acceleration of Notes. If (i) a declaration notice is made delivered pursuant to clause (ii) of Section 6.2(a) 12.1 hereof by the TrusteePurchaser, then, and in every such case, then the Majority Holders Purchaser may, by written instrument filed with the Issuer and the TrusteeCompany, rescind and annul such declaration, its declaration and the consequences thereof or (ii) a declaration is made pursuant to Section 6.2(b) by a holder of any of the Notesprovided, then, such holder may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof; providedhowever, that at the time such declaration is annulled of an annulment and rescindedrescission pursuant to the foregoing: (ai) no judgment or decree has shall have been entered for the payment of any monies due on or pursuant to the Notes or this IndentureAgreement; (bii) all arrears of principal, premium and interest upon all the Notes and all other sums payable under the Notes and this Agreement (including reasonable costs and expenses of the holders incurred in connection with such notice under Section 14.1 hereof or annulment under this IndentureSection 12.4, except but excluding any principal of, of or interest or any applicable Make-Whole Amount on, on the Notes which has that shall have become due and payable solely by reason of such declaration notice under Section 6.2(a12.1 hereof or occurrence of such Event of Default) or Section 6.2(b), shall have been duly paid;; and (ciii) each and every other Indenture Default and Indenture Event of Default hereunder shall have been waived pursuant to Section 10.2 or otherwise made good 12.4 hereof or cured; andand provided, provided further, that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default or Indenture Event of Default or (ii) impair any right or power consequent thereon.

Annulment of Acceleration of Notes. If (i) a declaration is made pursuant to Section 6.2(a9.2(a)(ii) by the Trusteehereof, then, then and in every such case, the Majority Holders holders of at least sixty-five (65%) in aggregate principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Guarantor, any of the Subsidiaries of the Company and any Affiliates) may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof Company or (ii) a declaration is made pursuant to Section 6.2(b) by a holder of any of the Notes, then, such holder may, by written instrument filed with the Issuer and the TrusteeGuarantor, 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 has shall have been entered for the payment of any monies moneys due on or pursuant to hereto or the Notes or this IndentureNotes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Indenture, (except any principal of, or interest or any applicable Make-Whole Amount on, the Notes which has shall have become due and payable solely by reason of such declaration under Section 6.2(a9.2(a)(ii) or Section 6.2(b), hereof) shall have been duly paid;; and (c) each and every other Indenture Default and Indenture Event of Default shall have been waived pursuant to Section 10.2 12.5 hereof or otherwise made good or cured; and, and provided further, further that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default or Indenture Event of Default or (ii) impair any right consequent thereonthereon or effect any holders' rights under Section 9.1(a) and Section 9.1(b).

Annulment of Acceleration of Notes. If The provisions of Section 8.2 are subject to the 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 paragraph (ic) a declaration is made pursuant to through paragraph (h), inclusive, or paragraph (j) through paragraph (m), inclusive, of Section 6.2(a) by the Trustee, then, and in every such case8.1, the Majority Holders holder or holders of at least 70% in aggregate principal amount of the Notes, the May 1995 Series Notes and the October 1994 Series Notes (taken together and voting as one class) then outstanding (exclusive of Notes, May 1995 Series Notes and October 1994 Series Notes held in the name of, or owned beneficially by, any one or more of the Company, any Subsidiary or any Affiliate) may, by written instrument filed with the Issuer and the TrusteeCompany, rescind and annul such declaration, and the consequences thereof or (ii) a declaration is made pursuant to Section 6.2(b) by a holder of any of the Notes, then, such holder may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof; provided, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree has been entered for the payment of any monies due on or pursuant to the Notes or this Indenture; Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable under the Notes notes and under this Indenture, Agreement (except any principal ofprincipal, or interest or any applicable Make-Whole Amount on, premium on the Notes which has become due and payable solely by reason of such declaration under Section 6.2(a8.2) or Section 6.2(b), shall have been duly paid; paid and (ciii) each and every other Indenture Default and Indenture Event of Default shall have been waived pursuant to Section 10.2 cured or otherwise made good or curedwaived; and, and provided further, that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default or Indenture Event of Default or (ii) impair any right consequent thereonthereto." 10. AMENDMENT TO SECTION 8.4

Annulment of Acceleration of Notes. If (i) a declaration is made pursuant to Section 6.2(a) by the Trustee11.2(a), then, then and in every such case, the Majority Required Holders may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof or (ii) a declaration is made pursuant to Section 6.2(b) by a holder of any of the Notes, then, such holder may, by written instrument filed with the Issuer and the TrusteeCompany, 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 has shall have been entered for the payment of any monies moneys due on or pursuant to hereto or the Notes or this IndentureNotes; (b) all arrears of interest upon all the Notes and all other sums payable hereunder and under the Notes and under this Indenture, (except any principal of, or interest or any applicable Make-Whole Amount on, the Notes which has shall have become due and payable solely by reason of such declaration under Section 6.2(a11.2(a)) or Section 6.2(b), shall have been duly paid;; and XxXxxxxxx & CO 30 NOTE PURCHASE AGREEMENT (c) each and every other Indenture Default and Indenture Default, Event of Default and Event of Acceleration shall have been waived pursuant to Section 10.2 17 or otherwise made good or cured; and, and provided further, further that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default or Indenture Default, Event of Default or (ii) Event of Acceleration or impair any right consequent thereon.

Annulment of Acceleration of Notes. If (i) a declaration is made pursuant The provisions of Section 8.2 are subject to Section 6.2(a) by the Trustee, then, and in every such casecondition that if the principal of, the Majority Holders Make-Whole Amount 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 (g)., inclusive, of Section 8.1, the holder or holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Issuer and the TrusteeCompany, rescind and annul such declaration, and the consequences thereof or (ii) a declaration is made pursuant to Section 6.2(b) by a holder of any of the Notes, then, such holder may, by written instrument filed with the Issuer and the Trustee, rescind and annul such declaration, and the consequences thereof; provided, provided that (i) at the time such declaration is annulled and rescinded: (a) rescinded no judgment or decree has been entered for the payment of any monies due on or pursuant to the Notes or this Indenture; Agreement, (bii) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Indenture, Agreement (except any principal ofprincipal, or interest or any applicable Make-Whole Amount on, or interest on the Notes which has become due and payable solely by reason of such declaration under Section 6.2(a8.2) or Section 6.2(b), shall have been duly paid; paid and (ciii) each and every other Indenture Default and Indenture or Event of Default shall have been waived pursuant to Section 10.2 cured or otherwise made good or curedwaived; and, and provided further, that no such rescission and annulment shall (i) extend to or affect any subsequent Indenture Default or Indenture Event of Default or (ii) impair any right consequent thereonthereto.