Common use of Annulment of Acceleration Clause in Contracts

Annulment of Acceleration. If a declaration is made in accordance with paragraph 6(a), then and in every such case, the Holder or Holders of at least 50.1% in aggregate principal amount of outstanding Notes may, by an instrument delivered to the Company, annul such declaration and the consequences thereof, provided that at the time such declaration is annulled: (i) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to the Purchase Agreement; (ii) all arrears of interest on the Notes and all other sums payable on the Notes and pursuant to this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declaration) shall have been duly paid; and (iii) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only the Holder of the Note or Notes making the declaration permitted by the of paragraph 6(b) may annul such declaration; and provided, further, that no such annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Annulment of Acceleration. If a declaration is made in accordance with paragraph 6(a)pursuant to Section 9.2(a) hereof by any holder or holders of the Notes, then and in every such case, the Holder or Holders holders of at least 50.1more than 66-2/3% in aggregate principal amount of the Notes then outstanding Notes may, by an written instrument delivered to filed with the Company, rescind and annul such declaration declaration, and the consequences thereof, provided that at the time such declaration is annulled: (i) annulled and rescinded: no judgment or decree has been entered for the payment of any monies due on pursuant to the Notes or pursuant to the Purchase Agreement; (ii) Agreements; all arrears of interest on upon all the Notes and all other sums payable on under the Notes and pursuant to under this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declarationdeclaration under Section 9.2(a)) shall have been duly paid; and (iii) and each and every other Default and Event of Default shall have been duly waived pursuant to Section 12.5 hereof or otherwise made good or cured; provided, however, that only the Holder of the Note or Notes making the declaration permitted by the of paragraph 6(b) may annul such declaration; 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. If a declaration is made in accordance with paragraph 6(a)pursuant to Section 9.2(a) by any holder or holders of the Notes, then and in every such case, the Holder or Holders holders of at least 50.1more than 66 2/3 % in aggregate principal amount of the Notes then outstanding Notes may, by an written instrument delivered to filed with the Company, rescind and annul such declaration declaration, and the consequences thereof, provided provided, that at the time such declaration is annulled: (i) annulled and rescinded: no judgment or decree has been entered for the payment of any monies due on pursuant to the Notes or pursuant to the Purchase Agreement; (ii) Agreements; all arrears of interest on upon all the Notes and all other sums payable on under the Notes and pursuant to this Agreement under the Agreements (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declarationdeclaration under Section 9.2(a)) shall have been duly paid; and (iii) and each and every other Default and Event of Default shall have been duly waived pursuant to Section 12.5 hereof or otherwise made good or cured; provided, however, that only the Holder of the Note or Notes making the declaration permitted by the of paragraph 6(b) may annul such declaration; and provided, 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. If a declaration is made in accordance with paragraph 6(a)pursuant to Section 9.2(a) by any holder or holders of the Notes, then and in every such case, the Holder or Holders holders of at least 50.1more than 66-2/3% in aggregate principal amount of the Notes then outstanding Notes may, by an written instrument delivered to filed with the CompanyTrust, rescind and annul such declaration declaration, and the consequences thereof, provided that at the time such declaration is annulledannulled and rescinded: (i1) no judgment or decree has been entered for the payment of any monies due on pursuant to the Notes or pursuant to the Purchase AgreementAgreements; (ii2) all arrears of interest on upon all the Notes and all other sums payable on under the Notes and pursuant to under this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declarationdeclaration under Section 9.2(a)) shall have been duly paid; and (iii3) each and every other Default and Event of Default shall have been duly waived pursuant to Section 11.6 hereof or otherwise made good or cured; provided, however, that only the Holder of the Note or Notes making the declaration permitted by the of paragraph 6(b) may annul such declaration; 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. If a declaration is made in accordance with paragraph 6(a)Section 8.2, then and in every such case, the Holder or Holders holders of at least 50.166 2/3% in aggregate of the outstanding principal amount of outstanding the Notes may, by an instrument delivered to the Company, annul such declaration and the consequences thereof, provided that at the time such declaration is annulled: (ia) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to the Purchase this Agreement; ; (iib) all arrears of interest on the Notes and all other sums payable on the Notes and pursuant to this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declaration) shall have been duly paid; and and (iiic) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only the Holder Purchaser or Affiliate of the Purchaser (but not any transferee thereof other than an Affiliate of such Purchaser) of the Note or Notes making the declaration permitted by the last proviso of paragraph 6(b) Section 8.2 may annul such declaration; and provided, further, that no such annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Annulment of Acceleration. If a declaration is made in accordance with paragraph 6(a)pursuant to Section 9.2(a) by any holder or holders of the Notes, then and in every such case, the Holder or Holders holders of at least 50.1more than 66-2/3% in aggregate principal amount of the Notes then outstanding Notes may, by an written instrument delivered to filed with the CompanyTrust, rescind and annul such declaration declaration, and the consequences thereof, provided that at the time such declaration is annulled: (i) annulled and rescinded: no judgment or decree has been entered for the payment of any monies due on pursuant to the Notes or pursuant to the Purchase Agreement; (ii) Agreements; all arrears of interest on upon all the Notes and all other sums payable on under the Notes and pursuant to under this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declarationdeclaration under Section 9.2(a)) shall have been duly paid; and (iii) and each and every other Default and Event of Default shall have been duly waived pursuant to Section 11.6 hereof or otherwise made good or cured; provided, however, that only the Holder of the Note or Notes making the declaration permitted by the of paragraph 6(b) may annul such declaration; 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. If a declaration is made in accordance with paragraph 6(a)Section 8.2, then and in every such case, the Holder or Holders holders of at least 50.166 2/3% in aggregate of the outstanding principal amount of outstanding the Notes may, by an instrument delivered to the Company, annul such declaration and the consequences thereof, provided that at the time such declaration is annulled: (ia) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to the Purchase this Agreement; (iib) all arrears of interest on the Notes and all other sums payable on the Notes and pursuant to this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declaration) shall have been duly paid; and (iiic) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only a Purchaser or an Affiliate of a Purchaser (but not any transferee thereof other than an Affiliate of the Holder Purchaser) of the Note or Notes making the declaration permitted by the last proviso of paragraph 6(b) Section 8.2 may annul such declaration; and provided, further, that no such annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Annulment of Acceleration. If a declaration is made in accordance with paragraph 6(a)Section 8.2, then and in every such case, the Holder or Holders holders of at least 50.166 2/3% in aggregate of the outstanding principal amount of outstanding the Notes may, by an instrument delivered to the Company, annul such declaration and the consequences thereof, provided that at the time such declaration is annulled: (ia) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to the Purchase this Agreement; ; (iib) all arrears of interest on the Notes and all other sums payable on the Notes and pursuant to this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declaration) shall have been duly paid; and and (iiic) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only a Purchaser or an Affiliate of a Purchaser (but not any transferee thereof other than an Affiliate of the Holder Purchaser) of the Note or Notes making the declaration permitted by the last proviso of paragraph 6(b) Section 8.2 may annul such declaration; and provided, further, that no such annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Annulment of Acceleration. If a declaration is made in accordance with paragraph 6(a)Section 12.2, then and in every such case, the Holder or Holders holders of at least 50.1% not less than a majority in aggregate principal amount of the Debentures or Senior Notes, respectively, then outstanding Notes (and also, in the case of any declaration by a holder following an Event of Default under clause (a) of Section 10.1 with respect to any Debenture or Senior Note held by such holder, the holder of such Note), may, by an instrument delivered to the Company, annul such declaration and the consequences thereof, provided that at the time such declaration is annulled: (ia) no judgment or decree has been entered for the payment of any monies due on the Notes Debentures or Senior Notes, respectively, or pursuant to the Purchase this Agreement; (iib) all arrears of interest on the Notes Debentures or Senior Notes, respectively, and all other sums payable on the Debentures or Senior Notes and pursuant to this Agreement (except any principal of or interest or on premium on the Notes Debentures or Senior Notes, respectively, which has become due and payable by reason of such declaration) shall have been duly paid; and (iiic) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only the Holder of the Note or Notes making the declaration permitted by the of paragraph 6(b) may annul such declaration; and provided, further, that no such annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.;

Annulment of Acceleration. If a declaration is made in accordance with paragraph 6(a)pursuant to Section 9.2(a) by any holder or holders of the Notes, then and in every such case, the Holder or Holders holders of at least 50.1more than 66-2/3% in aggregate principal amount of the Notes then outstanding Notes may, by an written instrument delivered to filed with the Company, rescind and annul such declaration declaration, and the consequences thereof, provided that at the time such declaration is annulledannulled and rescinded: (i1) no judgment or decree has been entered for the payment of any monies due on pursuant to the Notes or pursuant to the Purchase this Agreement; (ii2) all arrears of interest on upon all the Notes and all other sums payable on under the Notes and pursuant to under this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declarationdeclaration under Section 9.2(a)) shall have been duly paid; and (iii3) each and every other Default and Event of Default shall have been duly waived pursuant to Section 12.5 hereof or otherwise made good or cured; provided, however, that only the Holder of the Note or Notes making the declaration permitted by the of paragraph 6(b) may annul such declaration; 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. If a declaration is made in accordance with paragraph 6(a)Section 8.2, then and in every such case, the Holder Purchaser or Holders the holder or holders of at least 50.1% in aggregate principal amount of outstanding Notes may, by an instrument delivered to the Company, annul such declaration and the consequences thereof, provided PROVIDED that at the time such declaration is annulled: (i) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to the Purchase this Agreement; (ii) all arrears of interest on the Notes and all other sums payable on the Notes and pursuant to this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declaration) shall have been duly paid; and (iii) every other Event of Default shall have been duly waived or otherwise made good or cured; providedPROVIDED, howeverHOWEVER, that only the Holder Purchaser or an Affiliate of the Purchaser (but not any transferee thereof other than an Affiliate of the Purchaser) that is the holder of the Note or Notes making the declaration permitted by the last proviso of paragraph 6(b) Section 8.2 may annul such declaration; and providedPROVIDED, furtherFURTHER, that no such annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Annulment of Acceleration. If a declaration is made in accordance with paragraph 6(a)Section 8.2, then and in every such case, the Holder or Holders holders of at least 50.166 2/3% in aggregate of the outstanding principal amount of outstanding the Notes may, by an instrument delivered to the Company, annul such declaration and the consequences thereof, provided that at the time such declaration is annulled: (ia) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to the Purchase this Agreement; (iib) all arrears of interest on the Notes and all other sums payable on the Notes and pursuant to this Agreement (except any principal of or interest or premium on the Notes which has become due and payable by reason of such declaration) shall have been duly paid; and (iiic) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only the Holder Purchaser or an Affiliate of the Purchaser (but not any transferee thereof other than an Affiliate of the Purchaser) of the Note or Notes making the declaration permitted by the last proviso of paragraph 6(b) Section 8.2 may annul such declaration; and provided, further, that no such annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.