Common use of COMPLIANCE WITH COVENANTS AND CONDITIONS MAY BE WAIVED BY HOLDERS OF SECURITIES Clause in Contracts

COMPLIANCE WITH COVENANTS AND CONDITIONS MAY BE WAIVED BY HOLDERS OF SECURITIES. Anything in this Indenture to the contrary notwithstanding, the Company or any Restricted Subsidiary may fail or omit in any particular instance to comply with a covenant or condition set forth in Section 5.04 or 5.06 with respect to any series of Securities if the Company shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article Seven) of the consent of the holders of at least 66K% in aggregate principal amount of the Securities of such series at the time outstanding, either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect any obligation not waived by the terms of such waiver or impair any right consequent thereon. ARTICLE SIX

Appears in 3 contracts

Samples: Finova Group Inc, Finova Group Inc, Finova Group Inc

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COMPLIANCE WITH COVENANTS AND CONDITIONS MAY BE WAIVED BY HOLDERS OF SECURITIES. Anything in this Indenture to the contrary notwithstanding, the Company or any Restricted Subsidiary may fail or omit in any particular instance to comply with a covenant or condition set forth in Section 5.04 8.04 or 5.06 8.06 with respect to any series of Securities if the Company shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article Seven) of the consent of the holders of at least 66K% one Dollar ($1.00) more than 50% in aggregate principal amount of the Securities of such series at the time outstanding, either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect any obligation not waived by the terms of such waiver or impair any right consequent thereon. ARTICLE SIX.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Flag Telecom Holdings LTD), Security and Pledge Agreement (Flag Telecom Holdings LTD)

COMPLIANCE WITH COVENANTS AND CONDITIONS MAY BE WAIVED BY HOLDERS OF SECURITIES. Anything in this Indenture to the contrary notwithstanding, the Company or any Restricted Subsidiary may fail or omit in any particular instance to comply with a covenant or condition set forth in Section 5.04 or 5.06 with respect to any series of Securities if the Company shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article Seven) of the consent of the holders of at least 66K% 662/3% in aggregate principal amount of the Securities of such series at the time outstanding, either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect any obligation not waived by the terms of such waiver or impair any right consequent thereon. ARTICLE SIX

Appears in 1 contract

Samples: Finova Group Inc

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COMPLIANCE WITH COVENANTS AND CONDITIONS MAY BE WAIVED BY HOLDERS OF SECURITIES. Anything in this Indenture to the contrary notwithstanding, the Company or any Restricted Subsidiary may fail or omit in any particular instance to comply with a covenant or condition set forth in Section 5.04 8.04 or 5.06 8.06 with respect to any series of Securities if the Company shall have obtained and filed with the Trustee, prior to the time of such failure or omission, evidence (as provided in Article Seven) of the consent of the holders of at least 66K% one dollar ($1.00) more than 50% in aggregate principal amount of the Securities of such series at the time outstanding, either waiving such compliance in such instance or generally waiving compliance with such covenant or condition, but no such waiver shall extend to or affect any obligation not waived by the terms of such waiver or impair any right consequent thereon. ARTICLE SIX.

Appears in 1 contract

Samples: Security and Pledge Agreement (Flag Telecom Holdings LTD)

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