Common use of Annulment of Acceleration Clause in Contracts

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if all or any part of the Senior Subordinated Obligations have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Rice, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder), by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to the Senior Subordinated Notes, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the Holders; 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 thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the majority-in- interest of the Holders.

Appears in 1 contract

Samples: Senior Subordination Agreement (Jotan Inc)

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Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if all or any part of the Senior Subordinated Obligations have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Rice, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder)Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to the Senior Subordinated NotesNote, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the HoldersHolder of the Senior Obligations agreeing to such rescission and annulment; 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 thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the majority-in- interest of the HoldersHolder.

Appears in 1 contract

Samples: Note Purchase Agreement (Valuestar Corp)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if all or any part of the Senior Subordinated Obligations have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Ricethen the Agent may, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder)or upon request from Requisite Lenders, by written instrument delivered to the Company Borrowers (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to the Senior Subordinated NotesTerm Loans, provided that (a) at the time such Annulment Notice is delivered delivered, no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, therewith and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or Prepayment Fee which Premium that has become due and payable solely by reason of such declaration under Section 8.2 hereof8.2) shall have been duly paid or deferred by the HoldersRequisite Lenders agreeing to such rescission and annulment; and provided furtherprovided, however, that no any such rescission and annulment shall extend to or affect any subsequent default or Event of Default or impair any right consequent thereto, thereto and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless such Event of Default is specifically waived in writing by the majority-in- interest of the HoldersRequisite Lenders.

Appears in 1 contract

Samples: Loan Agreement (LSB Industries Inc)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if all or any part of the Priority Senior Subordinated Obligations have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Rice, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder)Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to the Priority Senior Subordinated NotesObligations, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Priority Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Priority Senior Subordinated Obligations in connection therewith (except any principal, interest or Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the HoldersHolder; 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 thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the majority-in- interest of the HoldersHolder.

Appears in 1 contract

Samples: Senior Subordination Agreement (Jotan Inc)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 9.2 are subject to the condition that, if all or any part of the Senior Subordinated Obligations have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Rice, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder)Purchaser may, by written instrument delivered to the Company Administrative Borrower (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to the Senior Subordinated NotesSecured Debenture, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, principal or interest or Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 9.2 hereof) shall have been duly paid or deferred by the HoldersHolder of the Obligations agreeing to such rescission and annulment; 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 thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in a writing executed by the majority-in- interest of the HoldersPurchaser.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Multiband Corp)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if all or any part of the Senior Subordinated Obligations have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Rice, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder)Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul amend such declaration and the consequences thereof as to the Senior Subordinated NotesNote and Deferral Note, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the HoldersHolder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and 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 thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the majority-in- interest of the HoldersPurchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (Deckers Outdoor Corp)

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Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if all or any part of the Senior Subordinated Obligations have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Rice, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder)Purchaser may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul amend such declaration and the consequences thereof as to the Senior Subordinated NotesNote and Deferral Note, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or Prepayment interest, Yield Maintenance Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the HoldersHolder of the Senior Subordinated Obligations agreeing to such rescission and annulment; and 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 thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the majority-in- interest of the HoldersPurchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (Unique Fabricating, Inc.)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 9.2 are subject to the condition that, if all or any part of the Senior Subordinated Obligations have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Rice, with the prior written approval of the majority- in-interest of the Holders may (so long as Rice is a Holder)Lender may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to the Senior Subordinated NotesNote, provided that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations in connection therewith (except any principal, interest or Prepayment Fee premium which has become due and payable solely by reason of such declaration under Section 8.2 9.2 hereof) shall have been duly paid or deferred by the HoldersHolder of the Obligations agreeing to such rescission and annulment; 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 thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the majority-in- interest of the HoldersLender.

Appears in 1 contract

Samples: Note Purchase Agreement (International Total Services Inc)

Annulment of Acceleration. The provisions of the foregoing Section 8.2 are subject to the condition that, if all or any part of the Senior Subordinated Obligations Notes have been declared or have otherwise become immediately due and payable by reason of the occurrence of any Event of Default, Rice, with the prior written approval accelerating Holder (in the event of an acceleration under either Section 8.1(a). (b) or (c)) or Requisite Holders (in the majority- in-interest event of the Holders may (so long as Rice is a Holderan acceleration under Section 8.1(d)) may, by written instrument delivered to the Company (an "Annulment Notice"), rescind and annul such declaration and the consequences thereof as to the applicable Senior Subordinated Notes, provided provided, that (a) at the time such Annulment Notice is delivered no judgment or decree has been entered for the payment of any monies due pursuant to such Senior Subordinated Obligations Notes in connection therewith, and (b) all arrears of interest and all other sums payable on such Senior Subordinated Obligations Notes in connection therewith (except any principal, principal or interest or Prepayment Fee which has become due and payable solely by reason of such declaration under Section 8.2 hereof) shall have been duly paid or deferred by the HoldersHolder of the Senior Notes agreeing to such rescission and annulment; and provided further, that no such rescission and annulment shall extend to or affect any subsequent default Potential Default or Event of Default or impair any right consequent thereto, and shall not be deemed a waiver of the Event of Default giving rise to the acceleration unless specifically waived in writing by the majority-in- interest of the Requisite Holders.

Appears in 1 contract

Samples: Senior Note and Warrant Purchase Agreement (Cardiac Science Inc)

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