Common use of Direction of Proceedings and Waiver of Defaults by Majority of Noteholders Clause in Contracts

Direction of Proceedings and Waiver of Defaults by Majority of Noteholders. (a) The holders of a majority in aggregate principal amount of the Notes affected (voting as one class) at the time outstanding determined in accordance with Section 6.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee; provided, however, that (i) such direction may not be in conflict with law or this Indenture or expose the Trustee to personal liability or be unduly prejudicial to the holders of the Notes not joining in the direction, and (ii) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with this Indenture and such direction. (b) Prior to any declaration that the principal of the outstanding Notes is due and payable, the holders of a majority in aggregate principal amount of the Notes at the time outstanding on behalf of the holders of all of the Notes may waive any past default or Event of Default under this Indenture and its consequences except a default under a covenant in this Indenture that, pursuant to Section 8.02, cannot be modified without the consent of each holder of a Note affected thereby. Upon any such waiver the Company, the Trustee and the holders of the Notes shall be restored to their former positions and rights under this Indenture, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Whenever any default or Event of Default under this Indenture shall have been waived as permitted by this Section 4.07, such default or Event of Default, for all purposes of the Notes and this Indenture, shall be deemed to have been cured and to be not continuing.

Direction of Proceedings and Waiver of Defaults by Majority of Noteholders. (a) The holders of a majority in aggregate principal amount of the Notes affected (voting as one class) at the time outstanding determined in accordance with Section 6.04 9.4 shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, Trustee or exercising any trust or power conferred on the Trustee; provided, however, that (ia) such direction may shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liability or be unduly prejudicial to the holders of the Notes not joining in the directionIndenture, and (iib) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with this Indenture and such direction. (b) Prior to any declaration that the principal of the outstanding Notes is due and payable, the . The holders of a majority in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.4 may on behalf of the holders of all of the Notes may waive any past default or Event of Default under this Indenture hereunder and its consequences except (i) a default under in the payment of interest or premium, if any, on, or the principal of, or any redemption price or repurchase price of, the Notes, (ii) a failure by the Company to convert any Notes into Common Stock or (iii) a default in respect of a covenant in this Indenture that, pursuant to Section 8.02, or provisions hereof which under Article XI cannot be modified or amended without the consent of each holder the holders of a Note affected therebyall Notes then outstanding. Upon any such waiver the Company, the Trustee and the holders of the Notes shall be restored to their former positions and rights under this Indenture, respectivelyhereunder; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Whenever any default or Event of Default under this Indenture hereunder shall have been waived as permitted by this Section 4.077.7, such said default or Event of Default, Default shall for all purposes of the Notes and this Indenture, shall Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Noteholders. (a) The holders of a majority in aggregate principal amount of the Notes affected (voting as one class) at the time outstanding determined in accordance with Section 6.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee; provided, however, that (i) such direction may not be in conflict with law or this Indenture or expose the Trustee to personal liability or be unduly prejudicial to the holders of the Notes not joining in the direction, and (ii) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with this Indenture and such direction. (b) Prior to any declaration that the principal of the outstanding Notes is due and payable, the holders of a majority in aggregate principal amount of the Notes at the time outstanding on behalf of the holders of all of the Notes may waive any past default or Event of Default under this Indenture and its consequences except a default under a covenant in this Indenture that, pursuant to Section 8.02, cannot be modified without the consent of each holder holder of a Note affected thereby. Upon any such waiver the Company, the Trustee and the holders of the Notes shall be restored to their former positions and rights under this Indenture, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Whenever any default or Event of Default under this Indenture shall have been waived as permitted by this Section 4.07, such default or Event of Default, for all purposes of the Notes and this Indenture, shall be deemed to have been cured and to be not continuing.

Direction of Proceedings and Waiver of Defaults by Majority of Noteholders. (a) The holders of a majority in aggregate principal amount of the Notes affected (voting as one class) at the time outstanding determined in accordance with Section 6.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee; provided, however, that (i) such direction may not be in conflict with law or this Indenture or expose the Trustee to personal liability or be unduly prejudicial to the holders of the Notes not joining in the direction, and (ii) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with this Indenture and such direction. (b) Prior to any declaration that the principal of the outstanding Notes is due and payable, the holders of a majority in aggregate principal amount of the Notes at the time outstanding on behalf of the holders of all of the Notes may waive any past default or Event of Default under this Indenture and its consequences except a default under a covenant in this Indenture that, pursuant to Section 8.02, cannot be modified without the consent of each holder holder of a Note affected thereby. Upon any such waiver waiver, the Company, the Trustee and the holders of the Notes shall be restored to their former positions and rights under this Indenture, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Whenever any default or Event of Default under this Indenture shall have been waived as permitted by this Section 4.07, such default or Event of Default, for all purposes of the Notes and this Indenture, shall be deemed to have been cured and to be not continuing.

Direction of Proceedings and Waiver of Defaults by Majority of Noteholders. (a) The holders of a majority in aggregate principal amount of the Notes affected (voting as one class) at the time outstanding determined in accordance with Section 6.04 9.04 shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, Trustee or exercising any trust or power conferred on the TrusteeTrustee with respect to Notes; provided, ,however, that (ia) such direction may shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liability or be unduly prejudicial to the holders of the Notes not joining in the directionIndenture, and (iib) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with this Indenture and such direction. (b) Prior to any declaration that the principal of the outstanding Notes is due and payable, the . The holders of a majority in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04 may on behalf of the holders of all of the Notes may waive any past default or Event of Default under this Indenture hereunder and its consequences except (i) a default under in the payment of Liquidated Damages or premium, if any, on, or the principal of, the Notes when due which has not been cured pursuant to the provisions of Section 7.01, (ii) a failure by the Company to convert any Notes into Common Stock or (iii) a default in respect of a covenant in this Indenture that, pursuant to Section 8.02, or provisions hereof which under Article 11 cannot be modified or amended without the consent of each holder the holders of a Note affected therebyall Notes then outstanding. Upon any such waiver the Company, the Trustee and the holders of the Notes shall be restored to their former positions and rights under this Indenture, respectivelyhereunder; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Whenever any default or Event of Default under this Indenture hereunder shall have been waived as permitted by this Section 4.077.07, such said default or Event of Default, Default shall for all purposes of the Notes and this Indenture, shall Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Noteholders. (a) The holders of a majority in aggregate principal amount of the Notes affected (voting as one class) at the time outstanding determined in accordance with Section 6.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the TrusteeNoteholders, or exercising any trust or power conferred on the Trustee; provided, however, that (i) such direction may not be in conflict with law or this Indenture or expose the Trustee to personal liability or be unduly prejudicial to the holders of the Notes not joining in the direction, and (ii) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with this Indenture and such direction. (b) Noteholders. Prior to any declaration that accelerating the principal maturity of the outstanding Notes is due and payableNotes, the holders of a majority Majority in aggregate principal amount of the Notes at the time outstanding may on behalf of the holders of all of the Notes may waive any past default or Event of Default under this Indenture and its consequences except a default under a covenant (a) in this Indenture thatthe payment of principal of or premium, pursuant to Section 8.02if any, or interest on any of the Notes or (b) in respect of covenants or provisions hereof which cannot be modified or amended without the consent of the holder of each holder of a Note affected therebyaffected. Upon any such waiver the Companywaiver, the Trustee default covered thereby shall be deemed to be cured for all purposes of this Note Agreement and the Notes and the Company and the holders of the Notes shall be restored to their former positions and rights under this Indenturehereunder, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Whenever any default or Event of Default under this Indenture hereunder shall have been waived as permitted by this Section 4.075.05, such said default or Event of Default, Default shall for all purposes of the Notes and this Indenture, shall Note Agreement be deemed to have been cured and to be not continuing.

Direction of Proceedings and Waiver of Defaults by Majority of Noteholders. (a) The holders of a majority in aggregate principal amount of the Notes affected (voting as one class) at the time outstanding (determined in accordance with Section 6.04 8.4) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, Trustee or exercising any trust or power conferred on the Trustee; provided, however, provided that (ia) such direction may shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liability or be unduly prejudicial to the holders of the Notes not joining in the directionIndenture, and (iib) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with this Indenture such direction and (c) such direction. (b) Prior to any declaration that direction shall not in the principal estimation of the outstanding Notes is due and payable, the Trustee involve it in personal liability. The holders of a majority in aggregate principal amount of the Notes at the time outstanding (determined in accordance with Section 8.4) may on behalf of the holders of all of the Notes may waive any past default or Event of Default under this Indenture hereunder and its consequences or waive compliance with the provisions of the Indenture except (i) a default under in the payment of interest or premium, if any, on, or the principal of, the Notes, (ii) a failure by the Company to convert any Notes into Common Stock or (iii) a default in respect of a covenant in this Indenture that, pursuant to Section 8.02, or provisions hereof that under Article X cannot be modified or amended without the consent of each holder the holders of a Note affected therebyall Notes then outstanding. Upon Whenever any such waiver default or Event of Default hereunder shall have been waived as permitted by this Section 6.7, said default or Event of Default shall for all purposes of the Notes and this Indenture be deemed to have been cured and to be not continuing and the Company, the Trustee and the holders of the Notes shall be restored to their former positions and rights under this Indenture, respectivelyhereunder; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. Whenever any default or Event of Default under this Indenture shall have been waived as permitted by this Section 4.07, such default or Event of Default, for all purposes of the Notes and this Indenture, shall be deemed to have been cured and to be not continuing.