Common use of Annulment of Acceleration Clause in Contracts

Annulment of Acceleration. If a declaration is made in accordance with Section 8.2, then and in every such case, the holders of at least 66 2/3% of the outstanding principal amount of 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: (a) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to this Agreement; (b) 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 (c) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only the 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 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gensia Sicor Inc)

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Annulment of Acceleration. If a declaration is made in accordance with Section 8.2, then and in every such case, the holders of at least 66 2/3% of the outstanding principal amount of the Notes may, by an instrument delivered to the Company, annul such declaration and the consequences thereof, provided that that, at the time such -------- declaration is annulled: (a) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to this Agreement; (b) 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 (c) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only the Purchaser Purchasers or Affiliate of the Purchaser Purchasers (but -------- ------- not any transferee thereof other than an Affiliate of such PurchaserPurchasers) of the Note or Notes making the declaration permitted by the last proviso of 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (America Service Group Inc /De)

Annulment of Acceleration. If a declaration is made in accordance with Section 8.27.2, then and in every such case, the holders of at least 66 2/3% a majority of the outstanding principal amount of 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: (a) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to this Agreement; (b) 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 (c) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only the Purchaser or an Affiliate of the Purchaser (but -------- ------- not any transferee thereof other than an Affiliate of such the Purchaser) that is a holder of the Note or Notes making with respect to which the declaration permitted by the last proviso of Section 8.2 7.2 was made 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Recovery Engineering Inc)

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Annulment of Acceleration. If a declaration is made in accordance ------------------------- with Section 8.27.2, then and in every such case, the holders of at least 66 sixty-six and two-thirds percent (66-2/3% %) of the outstanding principal amount of 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: (a) no judgment or decree has been entered for the payment of any monies due on the Notes or pursuant to this Agreement; (b) 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 (c) every other Event of Default shall have been duly waived or otherwise made good or cured; provided, however, that only the 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 Section 8.2 7.2 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gensia Sicor Inc)

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