Common use of Defaults and Remedies Clause in Contracts

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 22 contracts

Samples: Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)

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Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 16 contracts

Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment non-payment of principal or interest that has become due solely because of the acceleration.

Appears in 16 contracts

Samples: Indenture (National CineMedia, LLC), Indenture (Amc Entertainment Holdings, Inc.), Indenture (National CineMedia, LLC)

Defaults and Remedies. If an Event of a Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding Notes generally may declare all the Securities Notes to be immediately due and payablepayable immediately. Certain Notwithstanding the foregoing, in the case of a Default arising from certain events of bankruptcy or insolvency are Events of Default and shall result as set forth in the Securities being immediately Indenture, with respect to the Issuer, all outstanding Notes will become due and payable upon the occurrence of such Events of Default without any further act of the Trustee action or any Holdernotice. Holders of Securities the Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under power. The Trustee may withhold from Holders of the IndentureNotes notice of any continuing Default if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, outstanding by written notice to the Issuer and Trustee may on behalf of the Trustee, may rescind Holders of all of the Notes waive any declaration of acceleration existing Default and its consequences if under the rescission would not conflict with any judgment Indenture except a continuing Default in the payment of interest on, or decreethe principal of, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the accelerationpremium on, the Notes.

Appears in 16 contracts

Samples: Indenture (Omega Healthcare Investors Inc), Indenture (OHI Healthcare Properties Limited Partnership), Indenture (OHI Healthcare Properties Limited Partnership)

Defaults and Remedies. If an Event of Default (other than certain bankruptcy Events of Default with respect to the Company or the Guarantor) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities of this series then outstanding, subject to certain limitations, outstanding (voting as a separate class) may declare all of the Securities to be due and payable immediately in the manner and with the effect provided in the Indenture. If a bankruptcy Event of Default with respect to the Company or the Guarantor occurs and is continuing, the entire principal amount of the Securities then outstanding and interest accrued thereon, if any, shall immediately become due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse is not obligated to enforce the Indenture or the Securities unless it receives reasonable has received indemnity or securitysatisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Securities then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment certain continuing Defaults or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 15 contracts

Samples: Fifteenth Supplemental Indenture (Discovery, Inc.), Thirteenth Supplemental Indenture (Discovery Communications, Inc.), Supplemental Indenture (Discovery Communications, Inc.)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstandingOutstanding, subject by a notice in writing to certain limitationsthe Company (and to the Trustee if given by Holders), may declare all the Securities unpaid principal of (premium, if any) and accrued interest on, if any, Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any HolderDefault. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securitysecurity satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstandingOutstanding, by written notice to the Issuer Company and the Trustee, may rescind and annul any declaration of acceleration and its consequences if the rescission would not conflict Company has paid or deposited with any judgment or decree, the Trustee a sufficient sum under the Indenture and if all existing Events of Default have been cured or waived Default, except nonpayment of principal principal, premium, if any, or interest on the Notes that has become due solely because by such declaration of the acceleration, have been cured or waived.

Appears in 14 contracts

Samples: Twelfth Supplemental Indenture (Norfolk Southern Corp), Eleventh Supplemental Indenture (Norfolk Southern Corp), Tenth Supplemental Indenture (Norfolk Southern Corp)

Defaults and Remedies. If an Event of Default (other than certain bankruptcy Events of Default with respect to the Issuer) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities of this series then outstanding, subject to certain limitations, outstanding (voting as a separate class) may declare all of the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon immediately in the occurrence of such Events manner and with the effect provided in the Indenture. If a bankruptcy Event of Default without any further act with respect to the Issuer occurs and is continuing, then the entire principal of the Trustee or any HolderSecurities then outstanding and interest accrued thereon, if any, shall become due and payable immediately in the manner and with the effect provided in the Indenture. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse is not obligated to enforce the Indenture or the Securities unless it receives reasonable has received indemnity or securitysatisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Securities then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment certain continuing Defaults or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 12 contracts

Samples: Exhibit (Bottomline Technologies Inc /De/), Security Agreement (Bottomline Technologies Inc /De/), Security Transfer Agreement (Ps Business Parks Inc/Ca)

Defaults and Remedies. If an Event of a Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding Notes generally may declare all the Securities principal of and accrued interest, if any, on such Notes to be immediately due and payablepayable immediately. Certain Notwithstanding the foregoing, in the case of a Default arising from certain events of bankruptcy or insolvency are Events of Default and shall result as set forth in the Securities being immediately Indenture all outstanding Notes will become due and payable upon the occurrence of such Events of Default without any further act of the Trustee action or any Holdernotice. Holders of Securities the Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under power. The Trustee may withhold from Holders notice of any continuing Default (except a Default relating to the Indenturepayment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, outstanding by written notice to the Issuer and Trustee may on behalf of the Trustee, may rescind Holders of all of the Notes waive any declaration of acceleration Default and its consequences if under the rescission would not conflict with any judgment Indenture except a continuing Default in the payment of interest on, or decree, and if all existing Events of Default have been cured or waived except nonpayment of the principal or interest that has become due solely because of the accelerationNotes or in respect of certain covenants set forth in the Indenture.

Appears in 12 contracts

Samples: Indenture (Axiall Corp/De/), Indenture (Axiall Corp/De/), Indenture (Nortek Inc)

Defaults and Remedies. If Subject to certain exceptions set forth in the Indenture, if an Event of Default occurs and is continuing, the Trustee or the Holders of at least 2530% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or securitysecurity satisfactory to it in its sole discretion. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Before a judgment or decree for payment of the money due has been obtained by the Trustee as provided in the Indenture, the Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest premium (if any) that has become due solely because of the acceleration.

Appears in 7 contracts

Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 2530% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment non-payment of principal or interest that has become due solely because of the acceleration.

Appears in 6 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securitysecurity satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal principal, premium or interest that has become due solely because of the acceleration.

Appears in 4 contracts

Samples: Fourth Supplemental Indenture (Norfolk Southern Corp), Third Supplemental Indenture (Norfolk Southern Corp), Second Supplemental Indenture (Norfolk Southern Corp)

Defaults and Remedies. If an Event of Default (other than certain events of bankruptcy, insolvency or reorganization affecting the Company) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject outstanding by notice in writing to certain limitations, the Company may declare all the Securities to be immediately due and payablepayable immediately in the manner and with the effect provided in the Indenture. Certain If certain events of bankruptcy bankruptcy, insolvency or insolvency are Events of Default and shall result in reorganization affecting the Company occur under the Indenture, the Securities being will ipso facto become immediately due and payable upon the occurrence of such Events of Default without any further declaration or other act on the part of the Trustee or any HolderHolder of Securities. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse is not obligated to enforce the Indenture or the Securities unless it receives reasonable has received indemnity or securityreasonably satisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Securities then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority Securities notice of certain continuing Defaults if it determines that withholding notice is in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the accelerationtheir interest.

Appears in 4 contracts

Samples: Indenture (Global Telesystems Europe B V), Indenture (Hermes Europe Railtel B V), Indenture (Global Telesystems Europe B V)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 2530% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 4 contracts

Samples: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)

Defaults and Remedies. If an Event of a Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities then outstanding, subject to certain limitations, generally may declare all the Securities to be immediately due and payablepayable immediately. Certain Notwithstanding the foregoing, in the case of a Default arising from certain events of bankruptcy or insolvency are Events of Default and shall result as set forth in the Indenture, with respect to the Company, all outstanding Securities being immediately will become due and payable upon the occurrence of such Events of Default without any further act of the Trustee action or any Holdernotice. Holders of the Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Securities may direct the Trustee in its exercise of any trust or power under power. The Trustee may withhold from Holders notice of any continuing Default (except a Default relating to the Indenturepayment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the Securities then outstanding, outstanding by written notice to the Issuer and Trustee may on behalf of the Trustee, may rescind Holders of all of the Securities waive any declaration of acceleration Default and its consequences if under the rescission would not conflict with any judgment Indenture except a continuing Default in the payment of interest on, or decree, and if all existing Events of Default have been cured or waived except nonpayment of the principal or interest that has become due solely because of the accelerationSecurities or in respect of certain covenants set forth in the Indenture.

Appears in 4 contracts

Samples: Indenture (Warner Music Group Corp.), Indenture (Warner Alliance Music Inc), Indenture (LEM America, Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal principal, premium or interest that has become due solely because of the acceleration.

Appears in 4 contracts

Samples: Indenture (Rite Aid Corp), Indenture (Rite Aid Corp), Indenture (Rite Aid Corp)

Defaults and Remedies. If an Event of Default with respect to the Notes occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingNotes, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under the IndentureIndenture in respect of the Notes. The Holders of a majority in aggregate principal amount of the Securities then outstandingNotes, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, decree and if all existing Events of Default with respect to the Notes have been cured or waived except nonpayment of principal or interest that has become due solely because of the such acceleration.

Appears in 4 contracts

Samples: First Supplemental Indenture (Golden State Holdings Inc), Fourth Supplemental Indenture (Golden State Holdings Inc), Third Supplemental Indenture (Golden State Holdings Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingSecurities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Indenture (Stone Energy Corp), Indenture (Canadian Forest Oil LTD), Indenture (Eagle Family Foods Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or and interest that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Indenture (Boyd Gaming Corp), Indenture (Buckeye Technologies Inc), Indenture (Bki Asset Management Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer Company and the Trustee, may rescind and annul any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except other than nonpayment of principal principal, premium or interest that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Pedic International Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securitysecurity satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding Outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstandingOutstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment non-payment of principal or interest that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Third Supplemental Indenture (Regal Entertainment Group), Second Supplemental Indenture (Regal Entertainment Group), First Supplemental Indenture (Regal Entertainment Group)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingNotes, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 3 contracts

Samples: Indenture (Magellan Health Services Inc), Indenture (Magellan Health Services Inc), Indenture (Magellan Health Services Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 2530% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer Company and the Trustee, may rescind and annul any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except other than nonpayment of principal principal, premium or interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Sealy International, Inc.)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare the principal amount of all the Securities then outstanding, plus accrued but unpaid interest to the date of acceleration, to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the principal amount of all the Securities then outstanding, plus accrued but unpaid interest to the date of acceleration, being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written notice to the Issuer Corporation and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or accrued but unpaid interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Domtar Paper Company, LLC), Indenture (Domtar CORP)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Fairpoint Communications Inc), Indenture (Fairpoint Communications Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the IndentureIndenture and solely to the extent permitted by the Intercreditor Agreements. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or securitysecurity reasonably satisfactory to it. Subject to certain limitations, including as set forth in the Intercreditor Agreements, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal principal, premium or interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (PJC Manchester Realty LLC), Indenture Agreement (PJC Manchester Realty LLC)

Defaults and Remedies. If an Event of Default (other than certain bankruptcy Events of Default with respect to the Issuer) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal Principal amount of the Securities then outstanding, subject to certain limitations, outstanding may declare all of the Securities to be immediately due and payablepayable immediately in the manner and with the effect provided in the Indenture. Certain events of If a bankruptcy or insolvency are Events Event of Default with respect to the Issuer occurs and shall result in is continuing, all the Securities being shall be immediately due and payable upon immediately in the occurrence of such Events of Default manner and with the effect provided in the Indenture without any further act notice or other action on the part of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse is not obligated to enforce the Indenture or the Securities unless it receives reasonable has received indemnity or securitysatisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal Principal amount of the Securities then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment certain continuing Defaults or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 2 contracts

Samples: Indenture (Loop Media, Inc.), Indenture (Formfactor Inc)

Defaults and Remedies. The Securities shall have the Events of Default as set forth in Section 501 of the Indenture. If an Event of Default occurs and is continuing, the Trustee by notice to the Company or the Holders holders of at least 25% in aggregate principal amount of the then outstanding Securities then outstanding, subject by notice to certain limitations, the Company and the Trustee may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indentureimmediately. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, Trustee may rescind any declaration of an acceleration and its consequences if the rescission would not conflict with any judgment or decree, decree and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration. Holders may not enforce the Indenture or the Securities except as provided in the Indenture. Subject to certain limitations, holders of a majority in principal amount of the then outstanding Securities issued under the Indenture may direct the Trustee in its exercise of any trust or power. The Company must furnish annually compliance certificates to the Trustee. The above description of Events of Default and remedies is qualified by reference to, and subject in its entirety by, the more complete description thereof contained in the Indenture.

Appears in 2 contracts

Samples: Indenture (Calenergy Co Inc), Indenture (Calenergy Capital Trust Iii)

Defaults and Remedies. If Subject to certain exceptions set forth in the Indenture, if an Event of Default occurs and is continuing, the Trustee or the Holders of at least 2530% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Before a judgment or decree for payment of the money due has been obtained by the Trustee as provided in the Indenture, the Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest premium (if any) that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)

Defaults and Remedies. If an Event of Default (other than certain bankruptcy Events of Default with respect to the Company or the Parent Guarantor) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding (voting as a separate class) may declare all of the Securities to be due and payable immediately in the manner and with the effect provided in the Indenture. If a bankruptcy Event of Default with respect to the Company or the Parent Guarantor occurs and is continuing, the entire principal amount of the Securities then outstanding and interest accrued thereon, if any, shall immediately become due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse is not obligated to enforce the Indenture or the Securities unless it receives reasonable has received indemnity or securitysatisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Securities then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment certain continuing Defaults or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Warner Bros. Discovery, Inc.), First Supplemental Indenture (Warner Bros. Discovery, Inc.)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securityand/or security satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer and the Trustee, may rescind and annul any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except other than nonpayment of principal principal, premium or interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Interval Leisure Group, Inc.), Indenture (Mens Wearhouse Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstandingOutstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securitysecurity satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding Outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstandingOutstanding, by written notice to the Issuer Company and the Trustee, may rescind and annul any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal principal, premium, if any, or interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Norfolk Southern Corp), Third Supplemental Indenture (Norfolk Southern Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, decree and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Alamosa Holdings Inc), Senior Note Agreement (Alamosa Holdings Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount at maturity of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount at maturity of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount at maturity of the Securities then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal Accreted Value or interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Alamosa Holdings Inc), Indenture (Alamosa Delaware Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or at the direction of the Holders of at least 2530% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securityand/or security satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer and the Trustee, may rescind and annul any declaration of acceleration and its consequences if except a Default in the rescission would not conflict with any judgment or decree, and if all existing Events payment of Default have been cured or waived except nonpayment the principal of principal or interest on a Note or a Default in respect of a provision that has become due solely because under the Indenture cannot be amended without the consent of the accelerationeach Noteholder adversely affected.

Appears in 2 contracts

Samples: Indenture (Energizer Holdings, Inc.), Indenture (Energizer Holdings, Inc.)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securitysecurity satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 2 contracts

Samples: Indenture (Lamb Weston Holdings, Inc.), Indenture (Lamb Weston Holdings, Inc.)

Defaults and Remedies. If an Event of Default (other than certain bankruptcy Events of Default with respect to the Company) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding may declare all of the Securities to be immediately due and payablepayable immediately in the manner and with the effect provided in the Indenture. Certain events of If a bankruptcy or insolvency are Events Event of Default with respect to the Company occurs and shall result in is continuing, all the Securities being shall be immediately due and payable upon immediately in the occurrence of such Events of Default manner and with the effect provided in the Indenture without any further act notice or other action on the part of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse is not obligated to enforce the Indenture or the Securities unless it receives reasonable has received indemnity or securitysatisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Securities then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment certain continuing Defaults or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 2 contracts

Samples: Subordinated Note Agreement (Comcast Corp), Note Purchase Agreement (Comcast Corp)

Defaults and Remedies. The Events of Default include those specified in Section 5.01 of the Indenture. If an any Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payablepayable immediately. Certain Notwithstanding the foregoing, in the case of an Event of Default arising from certain events of bankruptcy or insolvency are Events of Default and shall result in the insolvency, all outstanding Securities being immediately will become due and payable upon the occurrence of such Events of Default immediately without any further act of the Trustee action or any Holdernotice. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Securities may direct the Trustee in its exercise of any trust or power under power. The Trustee may withhold from Holders of the IndentureSecurities notice of any continuing Default or Event of Default (except a Default or Event of Default relating to the payment of principal or interest or premium, if any,) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount of the then outstanding Securities then outstanding, by written notice to the Issuer and Trustee may, on behalf of the TrusteeHolders of all of the Securities, may rescind an acceleration or waive any declaration existing Default or Event of acceleration Default and its consequences if under the rescission would not conflict with any judgment Indenture except a continuing Default or decree, and if all existing Events Event of Default have been cured in the payment of interest or waived except nonpayment of premium, if any, on, or the principal or interest that has become due solely because of of, the accelerationSecurities.

Appears in 1 contract

Samples: Indenture (Overseas Shipholding Group Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingSecurities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Magellan Health Services Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 2530% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment non-payment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingNotes, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Notes, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing a Events of Default have been cured or waived except nonpayment of principal principal, interest or interest premium that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Security Agreement (Costilla Energy Inc)

Defaults and Remedies. If an Event of Default (other than certain bankruptcy Events of Default with respect to the Issuer) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of Securities of this series then outstanding (voting as a separate class) may declare the entire principal of all the Securities and interest accrued thereon to be due and payable immediately in the manner and with the effect provided in the Indenture. If a bankruptcy Event of Default with respect to the Issuer occurs and is continuing, then and in each and every such case, the entire principal of all the Securities then outstandingOutstanding and interest accrued thereon, subject to certain limitationsif any, may declare all the Securities to shall ipso facto become and be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default immediately without any further declaration or other act on the part of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse is not obligated to enforce the Indenture or the Securities unless it receives reasonable has received indemnity or securitysatisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Securities then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing certain continuing Events of Default have been cured or waived except nonpayment of principal or interest if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 1 contract

Samples: Security Transfer Agreement (Idex Corp /De/)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Senior Notes then outstanding, subject to certain limitations, may declare all the Securities Senior Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Senior Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Senior Notes may not enforce the Indenture or the Securities Senior Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Senior Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Senior Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The 11 Holders of a majority in aggregate principal amount of the Securities Senior Notes then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Senior Note Agreement (Bresnan Capital Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount at Stated Maturity of the Securities then outstandingNotes, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture Indenture, the Guarantees or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture Indenture, the Guarantees or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount at Stated Maturity of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount at Stated Maturity of the Securities then outstandingoutstanding Notes, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or and interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Global Note (Usn Communications Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or and interest that has become due solely because of the acceleration.. 000

Appears in 1 contract

Samples: Indenture (Buckeye Technologies Inc)

Defaults and Remedies. If an Event of Default occurs and is continuingcontinuing (other than an Event of Default relating to certain events of bankruptcy, insolvency or reorganization), then in every such case, unless the principal of all of the Securities shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon immediately in the occurrence of such Events of Default without any further act of manner and with the Trustee or any Holdereffect provided in the Indenture. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse require indemnity satisfactory to enforce it before it enforces the Indenture or the Securities unless it receives reasonable indemnity or securitySecurities. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under power. If an Event of Default occurs as a result of certain events of bankruptcy, insolvency or reorganization of the Company, unpaid principal of the Securities then outstanding shall become due and payable immediately without any declaration or other act on the part of the Trustee or any Holder, all as and to the extent provided in the Indenture. The Trustee may withhold from Holders of Securities notice of any continuing Default or Event of Default (except a majority Default in aggregate payment of principal amount of or interest), if it determines that withholding notice is in their interest. The Company is required to file periodic reports with the Securities then outstanding, by written notice Trustee as to the Issuer and the Trustee, may rescind any declaration absence of acceleration and its consequences if the rescission would not conflict with any judgment defaults or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the accelerationinterest.

Appears in 1 contract

Samples: Indenture (Wynn Resorts LTD)

Defaults and Remedies. If an Event of Default occurs Defxxxx xxxurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingSecurities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Stone Energy Corp)

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Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount at maturity of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount at maturity of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount at maturity of the Securities then outstandingSecurities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Metallurg Holdings Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least not less than 25% in of the aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Trustee or the Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding, by written notice to the Issuer Company may annul and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become amounts then due with respect to the Securities are paid (other than amounts due solely because of such declaration) and all other defaults with respect to the accelerationSecurities are cured. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Indenture (Cencosud S.A.)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingNotes, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Notes, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or and interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (American Communications Services Inc)

Defaults and Remedies. If an Event of Default (other than certain events of bankruptcy or insolvency with respect to the Company) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingoutstanding Securities, subject to certain limitations, may declare all the principal of the Securities to be immediately due and payable. Certain events of Such bankruptcy or insolvency events are Events of Default and which shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Securityholders may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of at least a majority in aggregate principal amount of the outstanding Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Choice Hotels International Inc /De)

Defaults and Remedies. If an Event of a Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount at maturity of the then outstanding Securities then outstanding, subject to certain limitations, generally may declare all the Securities to be immediately due and payablepayable immediately. Certain Notwithstanding the foregoing, in the case of a Default arising from certain events of bankruptcy or insolvency are Events of Default and shall result as set forth in the Indenture, with respect to the Company, all outstanding Securities being immediately will become due and payable upon the occurrence of such Events of Default without any further act of the Trustee action or any Holdernotice. Holders of the Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount at maturity of the Securities then outstanding Securities may direct the Trustee in its exercise of any trust or power under power. The Trustee may withhold from Holders notice of any continuing Default (except a Default relating to the Indenturepayment of principal or interest) if it determines that withholding notice is in their interest. The Holders of a majority in aggregate principal amount at maturity of the Securities then outstanding, outstanding by written notice to the Issuer and Trustee may on behalf of the Trustee, may rescind Holders of all of the Securities waive any declaration of acceleration Default and its consequences if under the rescission would not conflict with any judgment Indenture except a continuing Default in the payment of interest on, or decree, and if all existing Events of Default have been cured or waived except nonpayment of the principal or interest that has become due solely because of the accelerationSecurities or in respect of certain covenants set forth in the Indenture.

Appears in 1 contract

Samples: Indenture (Warner Music Group Corp.)

Defaults and Remedies. If an Event of Default occurs and is continuingcontinuing (other than an Event of Default relating to certain events of bankruptcy, insolvency or reorganization in which events all principal, accrued interest and Additional Amounts, if any, with respect to the Securities will be immediately due and payable without any declaration or other act on the part of the Trustee or the Holders), then in every such case, unless the principal of all of the Securities shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon immediately in the occurrence of such Events of Default without any further act of manner and with the Trustee or any Holdereffect provided in the Indenture. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse require indemnity satisfactory to enforce it before it enforces the Indenture or the Securities unless it receives reasonable indemnity or securitySecurities. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment continuing Default or decree, and if all existing Events Event of Default have been cured (except a Default in payment of principal, interest or waived except nonpayment of principal or interest Additional Amounts), if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 1 contract

Samples: Second Supplemental Indenture (Checkpoint Systems Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse shall be under no obligation to enforce exercise any of their rights and powers under the Indenture at the request of any Holder, unless such Holder shall have offered to the Trustee security and indemnity satisfactory to it against any loss, liability or the Securities unless it receives reasonable indemnity or securityexpense. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment non-payment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (SFX Entertainment, INC)

Defaults and Remedies. If an Event of Default (other than certain events of bankruptcy or insolvency with respect to the Company) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingoutstanding Securities, subject to certain limitations, may declare all the principal of the Securities to be immediately due and payable. Certain Such events of bankruptcy or insolvency are Events of Default and which shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Securityholders may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of at least a majority in aggregate principal amount of the outstanding Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Choice Hotels International Inc /De)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingSecurities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.. 152 11

Appears in 1 contract

Samples: Indenture (Stone Energy Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or securitysecurity reasonably satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal principal, premium or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Rite Aid Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstandingOutstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securitysecurity satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding Outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstandingOutstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal principal, premium, if any, or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: First Supplemental Indenture (Norfolk Southern Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable security or indemnity or securitysatisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer Issuers and the Trustee, may rescind and annul any declaration of acceleration and its consequences if except a Default in the rescission would not conflict with any judgment or decree, and if all existing Events payment of Default have been cured or waived except nonpayment the principal of principal or interest on a Note or a Default in respect of a provision that has become due solely because under the Indenture cannot be amended without the consent of the accelerationeach Noteholder adversely affected.

Appears in 1 contract

Samples: Indenture (Valaris LTD)

Defaults and Remedies. This Senior Note has the Events of Default as set forth in Section 4.1 of the Indenture. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSenior Notes, subject to certain limitations, may declare all the Securities Senior Notes to be immediately due and payablepayable immediately. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Senior Notes being immediately due and payable immediately upon the occurrence of such Events of Default without any further act of the Trustee or any HolderDefault. Holders of Securities may not enforce the Indenture or the Securities Senior Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Senior Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Senior Notes may direct the Trustee in its exercise of any trust or power under the Indenturepower. The Holders of a majority in aggregate principal amount of the Securities Senior Notes then outstanding, outstanding by written notice to the Issuer and the Trustee, Trustee may rescind any a declaration of acceleration and its consequences if the rescission would not conflict with any is prior to a judgment or decree, decree for payment and if all existing Events of Default have been cured or waived except nonpayment of principal or and interest that has become been due solely 9 107 because of the acceleration. The Trustee may withhold from Holders notice of any continuing Default (except a default in payment of principal or interest) if it determines that withholding notice is in the interest of the Holders. The above description of Events of Default and remedies is qualified by reference, and subject in its entirety, to the more complete description thereof contained in the Indenture.

Appears in 1 contract

Samples: Indenture (Aflac Inc)

Defaults and Remedies. If an Event of Default occurs and is continuingcontinuing (other than an Event of Default relating to certain events of bankruptcy, insolvency or reorganization), then in every such case, unless the principal of all of the Securities shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding may declare all the Securities to be immediately due and payablepayable in the manner and with the effect provided in the Indenture. Certain If an Event of Default relating to certain events of bankruptcy bankruptcy, insolvency or insolvency are Events of Default and shall result in reorganization occurs, then the Securities being shall ipso facto become and be immediately due and payable upon as provided in the occurrence of such Events of Default without any further act of the Trustee or any HolderIndenture. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse require indemnity satisfactory to enforce it before it enforces the Indenture or the Securities unless it receives reasonable indemnity or securitySecurities. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment continuing Default or decree, and if all existing Events Event of Default have been cured (except a Default in payment of principal, premium, interest or waived except nonpayment Liquidated Damages), if a committee of principal or Trust Officers determines that withholding notice is in the interest that has become due solely because of the accelerationHolders.

Appears in 1 contract

Samples: Indenture (Quality Food Centers Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding, may by written notice to the Issuer Company and the Trustee, may Trustee rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (LTV Steel Co Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or securitysecurity reasonably satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: First Supplemental Indenture (Levi Strauss & Co)

Defaults and Remedies. If The Securities have the Events of Default set forth in Section 5.01 of the Indenture, which include, among others, default for 30 days or more in payment of interest on the Securities and default in payment of Principal when due on the Securities. Subject to certain limitations in the Indenture, if an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the then outstanding Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain payable immediately, except that in the case of an Event of Default arising from certain events of bankruptcy bankruptcy, insolvency or insolvency are reorganization relating to the Company, all outstanding Securities shall become due and payable immediately without further action or notice. Holders of a majority in aggregate Principal amount of the then outstanding Securities by notice to the Trustee may rescind an acceleration and its consequences provided that all existing Events of Default and shall result have been cured or waived to the extent required in the Securities being immediately due Indenture and payable upon certain other conditions specified in the occurrence of such Events of Default without any further act of the Trustee or any HolderIndenture are satisfied. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse require indemnity satisfactory to enforce it before it enforces the Indenture or the Securities unless it receives reasonable indemnity or securitySecurities. Subject to certain limitations, Holders of a majority in aggregate principal Principal amount of the Securities then outstanding Securities may direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders notice of any continuing default (except a majority default in aggregate principal amount payment of the Securities then outstanding, by written Principal or interest) if it determines that withholding notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the accelerationis in their interest.

Appears in 1 contract

Samples: Indenture (Viskase Companies Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities 134 11 unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingSecurities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Stone Energy Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency of the Company are Events of Default and which shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Securityholders may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written notice to the Issuer Trustee and the TrusteeCompany, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Lilly Industries Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 2530% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or securitysecurity reasonably satisfactory to it. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Before a judgment or decree for payment of the money due has been obtained by the Trustee as provided in the Indenture, the Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the accelerationaccelerated principal.

Appears in 1 contract

Samples: Indenture (Level 3 Parent, LLC)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingof a series, subject to certain limitations, may declare all the Securities of such series to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding of a series may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a 107 5 majority in aggregate principal amount of the outstanding Securities then outstanding, of a series may by written notice to the Issuer Company and the Trustee, may Trustee rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (LTV Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% of any series in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities of such series to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the applicable series of Securities then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment non-payment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

Defaults and Remedies. If An event of default generally is: default by the Issuers for 30 days in payment of interest on the Notes; default by the Issuers in payment of principal of or premium, if any, on, the Notes; default by the Issuers in the deposit of any optional redemption payment when due and payable; defaults resulting in acceleration prior to maturity of certain other Indebtedness or resulting from payment defaults under certain other Indebtedness; failure by the Issuers for 45 days after notice to comply with any of its other agreements in the Indenture; certain final judgments against the Issuers; and certain events of bankruptcy or insolvency. Subject to certain limitations in the Indenture, if an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding Notes may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon immediately, except that in the occurrence case of such Events an Event of Default without any further act arising from certain events of bankruptcy, insolvency or reorganization relating to either of the Trustee Issuers or any Holdertheir Significant Subsidiaries, all outstanding Notes shall become due and payable immediately without further action or notice. Holders of Securities may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse require indemnity satisfactory to enforce it before it enforces the Indenture or the Securities unless it receives reasonable indemnity or securityNotes. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any trust or power under the Indenturepower. The Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice Issuers must furnish an annual compliance certificate to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Amerigas Partners Lp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities Senior Notes then outstanding, subject to certain limitations, may declare all the Securities Senior 14 Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Senior Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Senior Notes may not enforce the Indenture or the Securities Senior Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Senior Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities Senior Notes then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities Senior Notes then outstanding, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Senior Note Agreement (Bresnan Capital Corp)

Defaults and Remedies. If Subject to certain exceptions set forth in the Indenture, if an Event of Default occurs and is continuing, the Trustee or the Holders of at least 2530% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or securitysecurity satisfactory to it in its sole discretion. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Before a judgment or decree for payment of the money due has been obtained by the Trustee as provided in the Indenture, the Holders of a majority in aggregate principal amount of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest premium (if any) that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Qwest Corp)

Defaults and Remedies. If an Event of Default (other than certain bankruptcy Events of Default with respect to the Company) occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstanding, subject to certain limitations, outstanding may declare all the Securities to be immediately due and payablepayable immediately in the manner and with the effect provided in the Indenture. Certain events of If a bankruptcy or insolvency are Events Event of Default with respect to the Company occurs and shall result in is continuing, all the Securities being shall be immediately due and payable upon immediately in the occurrence of such Events of Default manner and with the effect provided in the Indenture without any further act notice or other action on the part of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse is not obligated to enforce the Indenture or the Securities unless it receives reasonable has received indemnity or securitysatisfactory to it. Subject The Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Securities then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Securities notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment certain continuing Defaults or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 1 contract

Samples: Exchange Note Agreement (Comcast Cable Communications Inc)

Defaults and Remedies. If an Event of Default occurs and is --------------------- continuing, the Trustee or the Holders of at least 25% in aggregate principal amount at maturity of the Securities Debentures then outstanding, subject to certain limitations, outstanding may declare all the Securities Debentures to be immediately due and payablepayable in the manner, at the time and with the effect provided in the Debenture Indenture. Certain events of bankruptcy or and insolvency are Events of Default and shall which will result in the Securities Debentures being immediately due and payable immediately upon the occurrence of such Events of Default without any further act of the Trustee or any HolderDefault. Holders of Securities Debentures may not enforce the Debenture Indenture or the Securities Debentures except as provided in the Debenture Indenture. The Trustee may refuse is not obligated to enforce the Debenture Indenture or the Securities Debentures unless it receives reasonable has received indemnity or securityreasonably satisfactory to it. Subject This Debenture Indenture permits, subject to certain limitationslimitations therein provided, Holders of a majority in aggregate principal amount of the Securities Debentures then outstanding may to direct the Trustee in its exercise of any trust or power under the Indenturepower. The Trustee may withhold from Holders of a majority in aggregate principal amount Debentures notice of the Securities then outstanding, by written notice to the Issuer and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment continuing Default or decree, and if all existing Events Event of Default have been cured (except a Default in payment of principal, premium, if any, or waived except nonpayment of principal or interest interest) if it determines that has become due solely because of the accelerationwithholding notice is in their interest.

Appears in 1 contract

Samples: Debenture Indenture (Wec Co)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingNotes, subject to certain limitations, may declare all the Securities Notes to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities Notes being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities Notes may not enforce the Indenture or the Securities Notes except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities Notes unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding Notes may direct the Trustee in its exercise of any C-10 147 trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Notes, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or and interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (American Communications Services Inc)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingSecurities, subject to certain limitations, may declare all the Securities to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and 107 payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the Securities then outstandingoutstanding Securities, by written notice to the Issuer Company and the Trustee, may rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or and interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (Boyd Gaming Corp)

Defaults and Remedies. If an Event of Default occurs and is continuing, the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities then outstandingof a series, subject to certain limitations, may declare all the Securities of such series to be immediately due and payable. Certain events of bankruptcy or insolvency are Events of Default and shall result in the Securities being immediately due and payable upon the occurrence of such Events of Default without any further act of the Trustee or any Holder. Holders of Securities may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may refuse to enforce the Indenture or the Securities unless it receives reasonable indemnity or security. Subject to certain limitations, Holders of a majority in aggregate principal amount of the Securities then outstanding of a series may direct the Trustee in its exercise of any trust or power under the Indenture. The Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding, of a series may by written notice to the Issuer Company and the Trustee, may Trustee rescind any declaration of acceleration and its consequences if the rescission would not conflict with any judgment or decree, and if all existing Events of Default have been cured or waived except nonpayment of principal or interest that has become due solely because of the acceleration.

Appears in 1 contract

Samples: Indenture (LTV Corp)

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