Common use of Default on Senior Indebtedness of Subsidiary Guarantor Clause in Contracts

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment pursuant to any of its Obligations or repurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if (i) any Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) or (ii) any other default on Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Senior Indebtedness has been paid in full; provided, however, that any Subsidiary Guarantor may pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of Senior Indebtedness of such Subsidiary Guarantor. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company and the Trustee of a Payment Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentence, unless the holders of Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such acceleration, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after such Payment Blockage Period.

Appears in 2 contracts

Samples: Supplemental Indenture (Stone Energy Corp), Stone Energy Corp

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Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of payments on its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities or other Guaranteed Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia “Payment Default”) occurs (1) any Designated Senior Indebtedness of such the Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash when due; or (ii2) any other default on Designated Senior Indebtedness of such the Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; provided, however, that any the Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such the Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of all Designated Senior Indebtedness of such Subsidiary Guarantor. No the Subsidiary Guarantor with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Subsidiary Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Subsidiary Guarantor shall not pay its Subsidiary Guaranty during for a period (a “Guaranty Payment Blockage Period”) commencing upon the continuance receipt by the Trustee of any (with a copy to the Subsidiary Guarantor) written notice (a “Guaranty Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Guaranty Payment Blockage Period after receipt and ending 179 days thereafter. The Guaranty Payment Blockage Period shall end earlier if such Guaranty Payment Blockage Period is terminated (1) by written notice to the Company Trustee and the Trustee of a Payment Subsidiary Guarantor from the Person or Persons who gave such Guaranty Blockage Notice; (2) because the default giving rise to such Guaranty Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Guaranty Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any the Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Guaranty Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Guaranty Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Subsidiary Guarantor during such period ; provided, however, that if any Guaranty Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Subsidiary Guarantor (other than the Bank Indebtedness), the Representative of holders of the Bank Indebtedness shall be entitled to give another Guaranty Blockage Notice within such period; provided further, however, that in no event shall the total number of days during which any Guaranty Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360-consecutive-day period and there must be 181 days during any 360-day consecutive period during which no Guaranty Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Guaranty Payment Blockage Period with respect to the Designated Senior Indebtedness of the Subsidiary Guarantor initiating such Guaranty Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Guaranty Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Buffets Inc), Subsidiary Guaranty (Buffets Inc)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment pursuant to any of its Obligations or repurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary GuarantyGuarantee") if (i) any Designated Senior Indebtedness of such Subsidiary Guarantor the Company is not paid within any applicable grace period (including at maturity) in full in cash or Temporary Cash Investments when due or (ii) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash or Temporary Cash Investments; providedPROVIDED, howeverHOWEVER, that any Subsidiary Guarantor may pay its Subsidiary Guaranty Guarantee without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of the Designated Senior Indebtedness of such Subsidiary GuarantorIndebtedness. No Subsidiary Guarantor may pay its Subsidiary Guaranty Guarantee during the continuance of any Payment Blockage Period after receipt by the Company and the Trustee of a Payment Blockage Notice under Section 10.0310.03 of the Indenture. Notwithstanding the provisions described in the immediately preceding sentencesentence (but subject to the provisions contained in the first sentence of this Section), unless the holders of Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty Guarantee after termination of such Payment Blockage Period.

Appears in 2 contracts

Samples: Guarantee Agreement (Gutbusters Pty LTD), Guarantee Agreement (Gutbusters Pty LTD)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities Notes or other Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia “Payment Default”) occurs: (1) any Obligation on any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives Representative of each issue any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a “Payment Blockage Period”) commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Third Supplemental Indenture Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of such Subsidiary Guarantor (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 2 contracts

Samples: Indenture (Denbury Resources Inc), Indenture (Encore Acquisition Co)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities Notes or other Obligations (collectively, "pay its Subsidiary Guaranty") (except that Noteholders may receive and retain Permitted Junior Securities and payments made from funds deposited with the Trustee pursuant to Section 8.01 or 8.02) if either of the following (ia "Payment Default") occurs (a) any obligation on any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash when due; or (iib) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Indebtedness with respect to which a Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a "Payment Blockage Period") commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period. For purposes of this Section, no nonpayment default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 2 contracts

Samples: SHG Holding Solutions Inc, Leasehold Resource Group LLC

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities Notes or other Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia “Payment Default”) occurs: (1) any Obligation on any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives Representative of each issue any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a “Payment Blockage Period”) commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of such Subsidiary Guarantor (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 2 contracts

Samples: Indenture (Denbury Resources Inc), Indenture (Encore Acquisition Co)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of 98 106 its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia "Payment Default") occurs (1) any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in cash when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives Representative of each issue all Designated Senior Indebtedness with respect to which a Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a "Payment Blockage Period") commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section 12.03), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any 360-consecutive day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period; provided, however, that if any Blockage Notice within such 360-day period is given by or on behalf of any holders of Designated Senior Indebtedness of such Subsidiary Guarantor (other than the Bank Indebtedness), the Representative of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided further, however, that in no event shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360-consecutive-day period, and there must be 181 days during any 360-consecutive-day period during which no Payment Blockage Period is in effect. For purposes of this Section 12.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 1 contract

Samples: Indenture (GSV Inc /Fl/)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia "Payment Default") occurs (1) any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; providedPROVIDED, howeverHOWEVER, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other 103 than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a "Payment Blockage Period") commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence, unless two sentences (but subject to the holders of Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such acceleration, any Subsidiary Guarantor may resume (unless otherwise prohibited as described provisions contained in the first sentence of this paragraph) Section), unless a Payment Default exists, any Subsidiary Guarantor shall be entitled to resume payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period; PROVIDED, HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of such Subsidiary Guarantor (other than holders of the Bank Indebtedness), a Representative of holders of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; PROVIDED FURTHER, HOWEVER, that in no event shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360-consecutive day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent 104 Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 1 contract

Samples: Monterey Carpets Inc

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment under its Subsidiary Guaranty, whether in respect of the principal of, premium, if any, or interest on the 6 5/8% Notes or any other payment obligation in respect of the 6 5/8% Notes (including any obligation of the Company to purchase 6 5/8% Notes) or make any deposit pursuant to any of its Obligations Article Four or repurchaseThirteen and may not purchase, redeem or otherwise retire or defease any Securities 6 5/8% Notes or other Guarantied Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia “Payment Default”) occurs (1) any Obligation on Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash or cash equivalents; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a “Payment Blockage Period”) commencing upon the continuance receipt by the Trustee and such Subsidiary Guarantor of any written notice (a 69 “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated: (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentenceparagraph, unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be permitted to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after the end of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period; provided, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect.

Appears in 1 contract

Samples: Second Supplemental Indenture (Newfield Exploration Co /De/)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment pursuant to any of its Obligations or repurchase, redeem or otherwise retire or defease any Securities 10.25% Notes or other Obligations (collectively, "pay its Subsidiary Guaranty") if (i) any Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) or (ii) any other default on Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Senior Indebtedness has been paid in full; provided, however, that any Subsidiary Guarantor may pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of Senior Indebtedness of such Subsidiary Guarantor. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company and the Trustee of a Payment Blockage Notice under Section 10.0312.03. Notwithstanding the provisions described in the immediately preceding sentence, unless the holders of Designated Senior Indebtedness of such Subsidiary Guarantor giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such acceleration, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after such Payment Blockage Period.

Appears in 1 contract

Samples: First Supplemental Indenture (Swift Energy Co)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment under its Subsidiary Guaranty, whether in respect of the principal of, premium, if any, or interest on the 67/8% Notes or any other payment obligation in respect of the 67/8% Notes (including any obligation of the Company to purchase 67/8% Notes) or make any deposit pursuant to any of its Obligations Article Four or repurchaseThirteen and may not purchase, redeem or otherwise retire or defease any Securities 67/8% Notes or other Guarantied Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia “Payment Default”) occurs (1) any Obligation on Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash or cash equivalents; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a “Payment Blockage Period”) commencing upon the continuance receipt by the Trustee and such Subsidiary Guarantor of any written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated: (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentenceparagraph, unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be permitted to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after the end of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period; provided, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect.

Appears in 1 contract

Samples: Supplemental Indenture (Newfield Exploration Co /De/)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities Notes or other Obligations (collectively, "pay its Subsidiary Guaranty"”) (except that Noteholders may receive and retain Permitted Junior Securities and payments made from funds deposited with the Trustee pursuant to Section 8.01 or 8.02) if either of the following (ia “Payment Default”) occurs (a) any obligation on any Designated Senior Indebtedness Debt of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash or Cash Equivalents when due; or (iib) any other default on Designated Senior Indebtedness Debt of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness Debt is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness Debt has been paid in fullfull in cash or Cash Equivalents; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Debt with respect to which a Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness Debt of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a “Payment Blockage Period”) commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Debt specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment 76 and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Debt has been discharged or repaid in full in cash or Cash Equivalents. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness Debt giving such Payment Blockage Notice or the Representative of such holders Designated Senior Debt shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationDebt, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Debt of such Subsidiary Guarantor during such period. For purposes of this Section, no nonpayment default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Debt of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Debt unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 1 contract

Samples: Indenture (Sun Healthcare Group Inc)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia "Payment Default") occurs (1) any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in cash when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives Representative of each issue all Designated Senior Indebtedness with respect to which a Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a "Payment Blockage Period") commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer 108 117 continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section 14.03), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any 360-consecutive day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period; provided, however, that if any Blockage Notice within such 360-day period is given by or on behalf of any holders of Designated Senior Indebtedness of the Issuer (other than the Bank Indebtedness), the Representative of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided further, however, that in no event shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360-consecutive day period, and there must be 181 days during any 360-consecutive day period during which no Payment Blockage Period is in effect. For purposes of this Section 14.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 1 contract

Samples: Indenture (GSV Inc /Fl/)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant (in cash, property, securities or other assets) with respect to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire retire, acquire or defease any Securities or other Securities Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia "Payment Default") occurs (1) any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full when due or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full; providedPROVIDED, howeverHOWEVER, that any Subsidiary Guarantor may pay shall be entitled to make any payment with respect to its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during the continuance of any for a period (a "Payment Blockage Period after Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice (a Payment "Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentence, unless the holders Notice") of Designated Senior Indebtedness giving such Payment Blockage Notice or default from the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and not rescinded such acceleration, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period.Period is terminated

Appears in 1 contract

Samples: Wilmar Holdings Inc

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment under its Subsidiary Guaranty, whether in respect of the principal of, premium, if any, or interest on the 6⅝% Notes or any other payment obligation in respect of the 6⅝% Notes (including any obligation of the Company to purchase 6⅝% Notes) or make any deposit pursuant to any of its Obligations Article Four or repurchaseThirteen and may not purchase, redeem or otherwise retire or defease any Securities 6⅝% Notes or other Guarantied Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia “Payment Default”) occurs (1) any Obligation on Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash or cash equivalents; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a “Payment Blockage Period”) commencing upon the continuance receipt by the Trustee and such Subsidiary Guarantor of any written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated: (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentenceparagraph, unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be permitted to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after the end of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period; provided, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect.

Appears in 1 contract

Samples: Third Supplemental Indenture (Newfield Exploration Co /De/)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities (whether pursuant to the terms of the securities or otherwise) or other Obligations (collectively, "pay its Subsidiary Guaranty") if (i1) any amount of principal of or premium or interest on Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) when due or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full; providedfull in cash. Regardless of the foregoing, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of all Designated Senior 105 96 Indebtedness of with respect to which the such Subsidiary Guarantordefault has occurred and is continuing. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company and the Trustee of a Payment Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentencesentence (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be permitted to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after the end of such Payment Blockage Period.

Appears in 1 contract

Samples: Travelcenters Realty Inc

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment pursuant to any of its Obligations or repurchase, redeem or otherwise retire or defease any Securities 9 3/8% Notes or other Obligations (collectively, "pay its Subsidiary Guaranty") if (i) any Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) or (ii) any other default on Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Senior Indebtedness has been paid in full; provided, however, that any Subsidiary Guarantor may pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of Senior Indebtedness of such Subsidiary Guarantor. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company and the Trustee of a Payment Blockage Notice under Section 10.0312.03. Notwithstanding the provisions described in the immediately preceding sentence, unless the holders of Designated Senior Indebtedness of such Subsidiary Guarantor giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such acceleration, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after such Payment Blockage Period.

Appears in 1 contract

Samples: Swift Energy Co

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guarantee or repurchasepurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty"Guarantee”) if either of the following (ia “Payment Default”) occurs (a) any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) when due; or (iib) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty Guarantee without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives Representative of each issue any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during Guarantee for a period (a “Payment Blockage Period”) commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty Guarantee after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of the Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 1 contract

Samples: Indenture (Columbus McKinnon Corp)

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Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment pursuant to any of its Obligations or repurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if (i) any Senior Indebtedness of such Subsidiary Guarantor the Company is not paid within any applicable grace period (including at maturity) when due or (ii) any other default on Senior Indebtedness of such Subsidiary Guarantor the Company occurs and the maturity of such Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Senior Indebtedness has been paid in full; provided, however, that any Subsidiary Guarantor may pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of such Senior Indebtedness of such Subsidiary GuarantorIndebtedness. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company and the Trustee of a Payment Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentencesentence (but subject to the provisions contained in the first sentence of this Section), unless the holders of Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period.

Appears in 1 contract

Samples: Linear Precision Products (Bremen Bearings Inc)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment under its Subsidiary Guaranty, whether in respect of the principal of, premium, if any, or interest on the 8 3/8% Notes or any other payment obligation in respect of the 8 3/8% Notes (including any obligation of the Company to purchase 8 3/8% Notes) or make any deposit pursuant to any of its Obligations or repurchaseArticle Thirteen and may not purchase, redeem or otherwise retire or defease any Securities 8 3/8% Notes or other Guarantied Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia "Payment Default") occurs (1) any Obligation on Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash or cash equivalents; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a "Payment Blockage Period") commencing upon the continuance receipt by the Trustee and such Subsidiary Guarantor of any written notice (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated: (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentenceparagraph, unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be permitted to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after the end of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period; provided, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect.

Appears in 1 contract

Samples: Supplemental Indenture (Newfield Exploration Co /De/)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment pursuant to any of its Obligations or repurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if (i) any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash when due or (ii) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; provided, however, that any Subsidiary Guarantor may pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue such Designated Senior Indebtedness. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of a Subsidiary Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such Subsidiary Guarantor. No notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may not pay its Subsidiary Guaranty during (other than in Permitted Junior Securities) for a period (a "Subsidiary Guarantor Payment Blockage Period") commencing upon the continuance receipt by the Trustee (with a copy to such Subsidiary Guarantor) of any written notice (a "Subsidiary Guarantor Blockage Notice") of such default from the Representative of the holders of such Designated Senior Indebtedness specifying an election to effect a Subsidiary Guarantor Payment Blockage Period after receipt and ending 179 days thereafter (or earlier if such Subsidiary Guarantor Payment Blockage Period is terminated (i) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Subsidiary Guarantor Blockage Notice, (ii) because the default giving rise to such Subsidiary Guarantor Blockage Notice under Section 10.03is no longer continuing or (iii) because such Designated Senior Indebtedness has been repaid in full in cash). Notwithstanding the provisions described in the immediately preceding sentencesentence (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after the end of such Subsidiary Guarantor Payment Blockage Period. No Subsidiary Guaranty shall be subject to more than one Subsidiary Guarantor Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the relevant Subsidiary Guarantor during such period. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Subsidiary Guarantor Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Subsidiary Guarantor Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Subsidiary Guarantor Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 1 contract

Samples: Indenture (Mediq Inc)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia "Payment Default") occurs (1) any Obligation on any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives Representative of each issue any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a "Payment Blockage Period") commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The 123 Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of such Subsidiary Guarantor (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Appears in 1 contract

Samples: Encore Acquisition Co

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment under its Subsidiary Guaranty, whether in respect of the principal of, premium, if any, or interest on the 71/8% Notes or any other payment obligation in respect of the 71/8% Notes (including any obligation of the Company to purchase 71/8% Notes) or make any deposit pursuant to any of its Obligations Article Four or repurchaseThirteen and may not purchase, redeem or otherwise retire or defease any Securities 71/8% Notes or other Guarantied Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia “Payment Default”) occurs (1) any Obligation on Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash or cash equivalents; provided, however, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a “Payment Blockage Period”) commencing upon the continuance receipt by the Trustee and such Subsidiary Guarantor of any written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated: (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage 66 Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentenceparagraph, unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be permitted to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after the end of such Payment Blockage Period. No Subsidiary Guarantor shall be subject to more than one Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period; provided, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Newfield Exploration Co /De/)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment (in cash, property or other assets) pursuant to any of its Indenture Obligations or repurchase, redeem or otherwise retire or defease any Securities or other Indenture Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following Payment Default occurs: (i1) any obligations with respect to Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full when due or (ii2) any other default on Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded in writing or (y) such Senior Indebtedness has been paid in fullfull in cash; provided, however, that any Subsidiary Guarantor may pay its -------- ------- Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of such Senior Indebtedness of such Subsidiary GuarantorIndebtedness. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company Issuer and the Trustee (with a copy to the Issuer) of a Payment Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentence, unless the holders of Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such acceleration, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after such Payment Blockage Period.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Chippac LTD)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia "Payment Default") occurs (1) any Designated Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) when due; or (ii2) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash; providedPROVIDED, howeverHOWEVER, that any Subsidiary Guarantor may shall be entitled to pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives Representative of each issue any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during for a period (a "Payment Blockage Period") commencing upon the continuance receipt by the Trustee of any (with a copy to such Subsidiary Guarantor) written notice (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period after receipt and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by the Company and written notice to the Trustee of a Payment and such Subsidiary Guarantor from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice under Section 10.03is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full. Notwithstanding the provisions described in the immediately preceding sentencetwo sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may shall be entitled to resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period. No Subsidiary Guarantor shall 97 be subject to xxx xxxx one Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of such Subsidiary Guarantor during such period. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of such Subsidiary Guarantor initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 180 consecutive days.

Appears in 1 contract

Samples: Pathmark Stores Inc

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make pay any payment pursuant to any of its Obligations Note Obligation or repurchase, redeem or otherwise retire or defease any Securities Notes or other Note Obligations (collectively, "pay its Subsidiary Guaranty") if (i) any Senior Indebtedness of such --------------------------- - Subsidiary Guarantor is not paid within any applicable grace period (including in full in cash when due, whether at maturity) , upon any redemption, by acceleration or otherwise, or (ii) any other default on -- Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such the Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default has been cured or waived and any such acceleration - has been rescinded or (y) such the Senior Indebtedness has been paid in fullfull in cash; - provided, however, that any Subsidiary Guarantor may pay its Subsidiary Guaranty -------- ------- without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice expressly approving such payment from the Representatives of each issue of the Senior Indebtedness with respect to which either of such Subsidiary Guarantorthe events set forth in clause (i) or (ii) has occurred and is continuing. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company and Trustee (with a copy to the Trustee Company) of a Payment Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentencesentence (but subject to the provisions contained in the first sentence of this Section 12.03), unless the holders of Designated Senior Indebtedness giving such Payment Blockage Notice have, or the Representative of such holders shall have has, accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after the end of such Payment Blockage Period.

Appears in 1 contract

Samples: Iron Age Corp

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment pursuant to any of its Obligations or repurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if (i) any Designated Senior Indebtedness of such Subsidiary Guarantor the Company is not paid within any applicable grace period (including at maturity) when due or (ii) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in fullfull in cash or Cash Equivalents; provided, however, that any Subsidiary Guarantor may pay its Subsidiary Guaranty any such amounts without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue holders of the Designated Senior Indebtedness with respect to which either of such Subsidiary Guarantorthe events set forth in clause (i) or (ii) has occurred and is continuing. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company and the Trustee of a Payment Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentencesentence (but subject to the provisions contained in the first sentence of this Section), unless the holders of Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period.

Appears in 1 contract

Samples: Indenture (MBS Multimode Inc)

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may shall make any payment pursuant (in cash, property, securities or other assets) with respect to any of its Obligations Subsidiary Guaranty or repurchasepurchase, redeem or otherwise retire retire, acquire or defease any Securities or other Securities Obligations (collectively, "pay its Subsidiary Guaranty") if either of the following (ia "Payment Default") occurs (1) any Senior Indebtedness of such Subsidiary Guarantor is not paid within any applicable grace period (including at maturity) in full in cash when due or (ii2) any other default on Senior Indebtedness of such Subsidiary Guarantor occurs and the maturity of such Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Senior Indebtedness has been paid in fullfull in cash; providedPROVIDED, howeverHOWEVER, that any Subsidiary Guarantor may pay shall be entitled to make any payment with respect to its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue all Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of such Subsidiary Guarantor. No Guarantor pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, such Subsidiary Guarantor may shall not pay its Subsidiary Guaranty during the continuance of any for a period (a "Payment Blockage Period after Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice (a Payment "Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentence, unless the holders Notice") of Designated Senior Indebtedness giving such Payment Blockage Notice or default from the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and not rescinded such acceleration, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period.Period is terminated

Appears in 1 contract

Samples: Diagnostic Pathology Management Services Inc

Default on Senior Indebtedness of Subsidiary Guarantor. No Subsidiary Guarantor may make any payment pursuant to any of its Obligations Subsidiary Guaranty or repurchase, redeem or otherwise retire or defease any Securities or other Obligations (collectively, "pay its Subsidiary Guaranty") if (i) any Designated Senior Indebtedness of such Subsidiary Guarantor the Company is not paid within any applicable grace period (including at maturity) when due or (ii) any other default on Designated Senior Indebtedness of such Subsidiary Guarantor the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full; provided, however, that any Subsidiary Guarantor may pay its Subsidiary Guaranty without regard to the foregoing if such Subsidiary Guarantor and the Trustee receive written notice approving such payment from the Representatives of each issue of the Designated Senior Indebtedness of such Subsidiary GuarantorIndebtedness. No Subsidiary Guarantor may pay its Subsidiary Guaranty during the continuance of any Payment Blockage Period after receipt by the Company and the Trustee of a Payment Blockage Notice under Section 10.03. Notwithstanding the provisions described in the immediately preceding sentencesentence (but subject to the provisions contained in the first sentence of this Section), unless the holders of Designated Senior Indebtedness giving such Payment Blockage Notice or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness and not rescinded such accelerationIndebtedness, any Subsidiary Guarantor may resume (unless otherwise prohibited as described in the first sentence of this paragraph) payments pursuant to its Subsidiary Guaranty after termination of such Payment Blockage Period.

Appears in 1 contract

Samples: Indenture (King Pharmaceuticals Inc)

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