Common use of Event of Default Defined; Acceleration of Maturity; Waiver of Default Clause in Contracts

Event of Default Defined; Acceleration of Maturity; Waiver of Default. With respect to the Securities, this Indenture and any supplemental indenture the following events are “Events of Default” thereunder and hereunder: (a) Default shall be made by the Issuer in the payment of principal of or any interest on any Security after five (5) days’ written notice from the applicable Securityholder following the date when the same is due and payable; or (b) Default shall be made in the due performance or observance of any other material covenant, agreement or provision herein, or in any Security to be performed or observed by the Issuer, or a material breach shall exist in any representation or warranty herein contained, or in any Security, as of the date when made, and such default or breach shall have continued for a period of thirty (30) days after written notice thereof to the Issuer from the applicable Securityholder; or (c) The Issuer shall be involved in financial difficulties as evidenced: (i) by the Issuer filing a petition in bankruptcy or for reorganization or for the adoption of an arrangement under the United States Bankruptcy Code (as now or in the future amended, the “Bankruptcy Code”) or an admission seeking the relief therein provided; (ii) By the Issuer making a general assignment for the benefit of its creditors; (iii) By the Issuer consenting to the appointment of a receiver or trustee for all or a substantial part of the property of the Issuer or approving as filed in good faith a petition filed against the Issuer under said Bankruptcy Code (in both cases without the consent of the Issuer); (iv) By the commencement of a proceeding or case, without the application or consent of the Issuer, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts, (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Issuer or of all or any substantial part of its assets, or (iii) similar relief in respect of the Issuer under any law relating to bankruptcy, insolvency, reorganization, winding-up or composition or adjustment of debts, and such proceeding or case set forth in (i), (ii), or (iii) above continues undismissed or uncontroverted, or an order, judgment or decree approving or ordering any of the foregoing being entered and continuing unstayed and in effect, for a period of sixty (60) days; or (v) By the Issuer admitting in writing its inability to pay its debts as such debts become due; or (d) Issuer shall be terminated, dissolved or liquidated (as a matter of law or otherwise) or proceedings shall be commenced by the Issuer or by any person seeking the termination, dissolution or liquidation of the Issuer. If any one or more Events of Default described in this Section 6.01 shall occur and be continuing, then the applicable Securityholder may, at such Securityholder’s option and by written notice to the Issuer, the Trustee and the other Securityholders, declare the unpaid balance of the Securities owing to said Securityholder to be forthwith due and payable and thereupon such balance shall become so due and payable without presentation, protest or further demand or notice of intent to accelerate or other notice of any kind, all of which are expressly waived by the Issuer.

Event of Default Defined; Acceleration of Maturity; Waiver of Default. With respect to the Securities, this Indenture and any supplemental indenture In case one or more of the following events are (“Events of Default” thereunder ”) (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 hereunderbe continuing: (a) Default shall be made by the Issuer in the payment of principal of or any interest on any Security after five (5) days’ written notice from the applicable Securityholder following the date when the same is due and payable; ora Payment Default; (b) Default shall be made in the due performance a Senior Acceleration Event or observance of any other material covenant, agreement or provision herein, or in any Security to be performed or observed by the Issuer, or a material breach shall exist in any representation or warranty herein contained, or in any Security, as of the date when made, and such default or breach shall have continued for a period of thirty (30) days after written notice thereof to the Issuer from the applicable Securityholder; oran Other Acceleration Event; (c) The the Issuer shall be involved permit or suffer to exist the entry of a decree or order for relief, entered by a court of competent jurisdiction, in financial difficulties as evidenced: (i) by respect of the Issuer filing in an involuntary case under any applicable bankruptcy, insolvency or other similar law relating to or affecting creditors’ rights generally now or hereafter in effect, or appointing a petition in bankruptcy receiver, liquidator, custodian, trustee, sequestrator (or similar official) of the Issuer or for reorganization or for the adoption of an arrangement under the United States Bankruptcy Code (as now or in the future amended, the “Bankruptcy Code”) or an admission seeking the relief therein provided; (ii) By the Issuer making a general assignment for the benefit of its creditors; (iii) By the Issuer consenting to the appointment of a receiver or trustee for all or a any substantial part of the property of the Issuer or approving as filed in good faith a petition filed against ordering the Issuer under said Bankruptcy Code (in both cases without the consent winding up or liquidation of the Issuer); (iv) By the commencement of a proceeding or case, without the application or consent of the Issuer, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts, (ii) the appointment of a trustee, receiver, custodian, liquidator or the like affairs of the Issuer or of all any such case or any substantial part of its assets, or (iii) similar relief in respect of proceeding shall have been commenced against the Issuer under any law relating to bankruptcy, insolvency, reorganization, winding-up seeking such a decree or composition or adjustment of debts, and such proceeding or case set forth in (i), (ii), or (iii) above continues undismissed or uncontroverted, or an order, judgment or decree approving or ordering any of the foregoing being entered and continuing order which remains unstayed and in effect, effect or has not been dismissed for a period of sixty (60) 90 days; or (v) By the Issuer admitting in writing its inability to pay its debts as such debts become due; or (d) the Issuer shall be terminatedcommence a voluntary case under any applicable bankruptcy, dissolved insolvency or liquidated other similar law relating to or affecting creditors’ rights generally now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, custodian, trustee, sequestrator (as a matter or similar official) of law or otherwise) or proceedings shall be commenced by the Issuer or by for any person seeking the termination, dissolution or liquidation substantial part of the Issuer. If property of the Issuer or the Issuer shall make any one or more Events general assignment for the benefit of creditors; then, and in each and every such case, other than an Event of Default described in clauses (a) or (b) above, the aggregate outstanding principal amount of this Section 6.01 Note, together with any accrued and unpaid interest thereon, shall occur become and be continuingimmediately due and payable without any declaration, then presentment, demand, protest, notice of default, notice of acceleration or other act on the applicable Securityholder maypart of the Holder, at such Securityholder’s option and by written notice all of which are hereby expressly waived. Subject to Section 4 hereof, upon the occurrence of an Event of Default described in clauses (a) or (b), the Holder of this Note may (in addition to any other right, power or remedy permitted to the Issuer, the Trustee and the other Securityholders, Holder by law) declare the unpaid balance entire aggregate outstanding principal amount of the Securities owing to said Securityholder to be forthwith this Note due and payable and the same, together with any accrued and unpaid interest thereon, shall thereupon such balance shall become so forthwith due and payable payable, without presentationany presentment, protest or further demand or demand, protest, notice of intent to accelerate default, notice of acceleration or other notice notices of any kind, all of which are hereby expressly waived by the Issuerwaived.

Event of Default Defined; Acceleration of Maturity; Waiver of Default. With respect to the Securities, this Indenture and any supplemental indenture In case one or more of the following events are (“Events of Default” thereunder ”) (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 hereunderbe continuing: (a) Default shall be made by the Issuer in the payment of principal of or any interest on any Security after five (5) days’ written notice from the applicable Securityholder following the date when the same is due and payable; ora Payment Default; (b) Default shall be made in a breach by the due performance or observance Issuer of any other material covenant, agreement covenant contained in Section 3 hereof or provision herein, or in any Security to be performed or observed the occurrence of an Event of Default by Issuer under the Issuer, or a material breach shall exist in any representation or warranty herein contained, or in any Security, as of the date when made, and such default or breach shall have continued for a period of thirty (30) days after written notice thereof to the Issuer from the applicable Securityholder; orSubordinated Debt Subordination Agreement; (c) The Issuer shall be involved in financial difficulties as evidenced: (i) by the Issuer filing a petition in bankruptcy or for reorganization or for the adoption of an arrangement under the United States Bankruptcy Code (as now or in the future amended, the “Bankruptcy Code”) Senior Acceleration Event or an admission seeking the relief therein providedOther Acceleration Event; (iid) By the Issuer making shall permit or suffer to exist the entry of a general assignment decree or order for the benefit relief, entered by a court of its creditors; (iii) By competent jurisdiction, in respect of the Issuer consenting in an involuntary case under any applicable bankruptcy, insolvency, or other similar law relating to or affecting creditors’ rights generally now or hereafter in effect, or appointing a receiver, liquidator, custodian, trustee, sequestrator (or similar official) of the appointment of a receiver Issuer or trustee for all or a any substantial part of the property of the Issuer or approving as filed in good faith a petition filed against ordering the Issuer under said Bankruptcy Code (in both cases without the consent winding up or liquidation of the Issuer); (iv) By the commencement of a proceeding or case, without the application or consent of the Issuer, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts, (ii) the appointment of a trustee, receiver, custodian, liquidator or the like affairs of the Issuer or of all any such case or any substantial part of its assets, or (iii) similar relief in respect of proceeding shall have been commenced against the Issuer under any law relating to bankruptcy, insolvency, reorganization, winding-up seeking such a decree or composition or adjustment of debts, and such proceeding or case set forth in (i), (ii), or (iii) above continues undismissed or uncontroverted, or an order, judgment or decree approving or ordering any of the foregoing being entered and continuing order that remains unstayed and in effect, effect or has not been dismissed for a period of sixty (60) 90 days; or (ve) By the Issuer admitting shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law relating to or affecting creditors’ rights generally now or hereafter in writing its inability effect, or consent to pay its debts as the entry of an order for relief in an involuntary case under any such debts become due; or law, or consent to the appointment or taking possession by a receiver, liquidator, custodian, trustee, sequestrator (dor similar official) Issuer shall be terminated, dissolved or liquidated (as a matter of law or otherwise) or proceedings shall be commenced by the Issuer or by for any person seeking the termination, dissolution or liquidation substantial part of the Issuer. If property of the Issuer or the Issuer shall make any one or more Events general assignment for the benefit of creditors; then, and in each and every such case, other than an Event of Default described in clauses (a), (b), and (c) above, the aggregate outstanding principal amount of this Section 6.01 Note, together with any accrued or unpaid interest thereon, shall occur become and be continuingimmediately due and payable without any declaration, then presentment, demand, protest, notice of default, notice of acceleration or other act on the applicable Securityholder maypart of the Holder, at such Securityholder’s option and by written notice all of which are hereby expressly waived. Subject to Section 5 hereof, upon the occurrence of an Event of Default described in clauses (a), (b), or (c), the Holder of this Note may (in addition to any other right, power, or remedy permitted to the Issuer, the Trustee and the other Securityholders, Holder by law) declare the unpaid balance entire aggregate outstanding principal amount of the Securities owing to said Securityholder to be forthwith this Note due and payable and the same, together with any accrued and unpaid interest thereon, shall thereupon such balance shall become so forthwith due and payable payable, without presentationany presentment, protest or further demand or demand, protest, notice of intent to accelerate default, notice of acceleration, or other notice notices of any kind, all of which are hereby expressly waived by the Issuerwaived.

Event of Default Defined; Acceleration of Maturity; Waiver of Default. With respect to the Securities, this Indenture and any supplemental indenture In case one or more of the following events are (“Events of Default” thereunder ”) (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 hereunderbe continuing: (a) Default shall be made by the Issuer in the payment of principal of or any interest on any Security after five (5) days’ written notice from the applicable Securityholder following the date when the same is due and payable; ora Payment Default; (b) Default shall be made in the due performance a Senior Acceleration Event or observance of any other material covenant, agreement or provision herein, or in any Security to be performed or observed by the Issuer, or a material breach shall exist in any representation or warranty herein contained, or in any Security, as of the date when made, and such default or breach shall have continued for a period of thirty (30) days after written notice thereof to the Issuer from the applicable Securityholder; oran Other Acceleration Event; (c) The the Issuer shall be involved permit or suffer to exist the entry of a decree or order for relief, entered by a court of competent jurisdiction, in financial difficulties as evidenced: (i) by respect of the Issuer filing in an involuntary case under any applicable bankruptcy, insolvency or other similar law relating to or affecting creditors’ rights generally now or hereafter in effect, or appointing a petition in bankruptcy receiver, liquidator, custodian, trustee, sequestrator (or similar official) of the Issuer or for reorganization or for the adoption of an arrangement under the United States Bankruptcy Code (as now or in the future amended, the “Bankruptcy Code”) or an admission seeking the relief therein provided; (ii) By the Issuer making a general assignment for the benefit of its creditors; (iii) By the Issuer consenting to the appointment of a receiver or trustee for all or a any substantial part of the property of the Issuer or approving as filed in good faith a petition filed against ordering the Issuer under said Bankruptcy Code (in both cases without the consent winding up or liquidation of the Issuer); (iv) By the commencement of a proceeding or case, without the application or consent of the Issuer, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts, (ii) the appointment of a trustee, receiver, custodian, liquidator or the like affairs of the Issuer or of all any such case or any substantial part of its assets, or (iii) similar relief in respect of proceeding shall have been commenced against the Issuer under any law relating to bankruptcy, insolvency, reorganization, winding-up seeking such a decree or composition or adjustment of debts, and such proceeding or case set forth in (i), (ii), or (iii) above continues undismissed or uncontroverted, or an order, judgment or decree approving or ordering any of the foregoing being entered and continuing order which remains unstayed and in effect, effect or has not been dismissed for a period of sixty (60) 90 days; or (v) By the Issuer admitting in writing its inability to pay its debts as such debts become due; or (d) the Issuer shall be terminatedcommence a voluntary case under any applicable bankruptcy, dissolved insolvency or liquidated other similar law relating to or affecting creditors’ rights generally now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, custodian, trustee, sequestrator (as a matter or similar official) of law or otherwise) or proceedings shall be commenced by the Issuer or by for any person seeking the termination, dissolution or liquidation substantial part of the Issuer. If property of the Issuer or the Issuer shall make any one or more Events general assignment for the benefit of creditors; then, and in each and every such case, other than an Event of Default described in clauses (a) and (b) above, the aggregate outstanding principal amount of this Section 6.01 Note, together with accrued and unpaid interest thereon, shall occur become and be continuingimmediately due and payable without any declaration, then presentment, demand, protest, notice of default, notice of acceleration or other act on the applicable Securityholder maypart of the Holder, at such Securityholder’s option and by written notice all of which are hereby expressly waived. Subject to Section 4 hereof, upon the occurrence of an Event of Default described in clauses (a) or (b), the Holder of this Note may (in addition to any other right, power or remedy permitted to the Issuer, the Trustee and the other Securityholders, Holder by law) declare the unpaid balance entire aggregate outstanding principal amount of the Securities owing to said Securityholder to be forthwith this Note due and payable and the same, together with any accrued and unpaid interest thereon, shall thereupon such balance shall become so forthwith due and payable payable, without presentationany presentment, protest or further demand or demand, protest, notice of intent to accelerate default, notice of acceleration or other notice notices of any kind, all of which are hereby expressly waived by the Issuerwaived.