Event of Default Defined; Acceleration of Maturity; Waiver of Default. In case one or more of the following Events of Default (unless it is either inapplicable to a particular series or it is specifically deleted from or modified in the instrument establishing such Series and the form of Security for such Series) shall have occurred and be continuing with respect to any Series of Securities, that is to say: (a) failure to pay any interest upon any Security of that Series when it becomes due and payable, and continuance of such failure to pay for a period of 30 days; or (b) failure to pay the principal of any Security of that Series as and when the same shall become due and payable either at maturity, upon redemption (other than with respect to a sinking fund payment), by declaration or otherwise; or (c) failure to deposit any sinking fund payment, when and as due by the terms of a Security of such Series and continuance of such failure for a period of 30 days; or (d) default in the performance, or breach of any covenant or warranty of Parent or the Issuer in this Indenture (other than a covenant or warranty a default in whose performance or whose breach is elsewhere in this Section specifically dealt with or which has expressly been included in this Indenture solely for the benefit of a Series of Securities other than that Series), and continuance of such default or breach for a period of 90 days after there has been given, by registered or certified mail, to Parent and the Issuer by the Trustee or to Parent, the Issuer and the Trustee by the Holders of at least 25% in principal amount of the Outstanding Securities of that Series a written notice specifying such default or breach and requiring it to be remedied and stating that such notice is a “Notice of Default” hereunder; or
Appears in 4 contracts
Samples: Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Emea Finance S.A R.L.), Indenture (Whirlpool Corp /De/)
Event of Default Defined; Acceleration of Maturity; Waiver of Default. In case one or more of the following Events of Default (unless it is either inapplicable to a particular series or it is specifically deleted from or modified in whatever the instrument establishing such Series and the form of Security reason for such SeriesEvent of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body) shall have occurred and be continuing with respect to any Series of Securities, that is to saycontinuing:
(a) failure to pay any default in the payment of interest upon any Security of that Series on the Securities as and when it the same becomes due and payable, and the continuance of such failure to pay default for a period of 30 15 days; or
or (b) failure to pay default in the payment of all or any part of the principal of any Security of that Series on the Securities as and when the same shall become due and payable either at maturity, upon acceleration or redemption (other than with respect to a sinking fund payment), by declaration or otherwise; or
or (c) failure on the part of the Issuer duly to deposit observe or perform any sinking fund paymentcovenants or agreements on the part of the Issuer contained in the Securities, when in this Indenture, or any of the Collateral Agreements and as due by the terms of a Security of such Series and continuance of such failure for a period of 30 days; or
(d) default in 15 days after the performancedate on which written notice specifying such failure, or breach stating that such notice is a "Notice of any covenant or warranty Event of Parent or Default" hereunder and demanding that the Issuer in this Indenture (other than a covenant or warranty a default in whose performance or whose breach remedy the same, is elsewhere in this Section specifically dealt with or which has expressly been included in this Indenture solely for the benefit of a Series of Securities other than that Series), and continuance of such default or breach for a period of 90 days after there has been given, by registered or certified mail, given to Parent and the Issuer by the Trustee or to Parent, the Issuer and the Trustee by the Holders of at least 25% in aggregate principal amount of the Outstanding Securities at the time Outstanding; or (d) failure on the part of that Series the Issuer to appoint a Trustee within 5 days of a written notice specifying such default or breach and requiring it request of the holders of 25% in principal amount of the securities to be remedied and stating that such notice is appoint a “Notice of Default” hereunderTrustee; or
Appears in 1 contract
Samples: Indenture (Value Partners LTD /Tx/)