Common use of Events of Default; Waiver Clause in Contracts

Events of Default; Waiver. (a) Subject to Section 2.06(b), Holders may, by vote of at least a Majority in liquidation amount of the Preferred Securities, (A) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, or (B) on behalf of the Holders of all Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 15 contracts

Samples: Guarantee Agreement (Ubs Americas Inc), Guarantee Agreement (Fund American Co Inc/New), Guarantee Agreement (Vintage Petroleum Capital I)

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Events of Default; Waiver. (a) Subject to Section 2.06(b2.6(b), Holders may, of Preferred Securities may by vote of at least a Majority in liquidation amount of the Preferred Securities, (A) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon by the Guarantee Trustee, Trustee or (B) on behalf of the Holders of all Preferred Securities, Securities waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 14 contracts

Samples: Guarantee Agreement (Odyssey Re Holdings Corp), Guarantee Agreement, Guarantee Agreement (Ford Credit Capital Trust I)

Events of Default; Waiver. (a) Subject to Section 2.06(b), Holders may, of Preferred Securities may by vote of at least a Majority in liquidation amount of the Preferred Securities, (A) direct the time, method and place of conducting any proceeding for any remedy 8 8 available to the Guarantee GUARANTEE Trustee, or exercising any trust or power conferred upon by the Guarantee Trustee, GUARANTEE Trustee or (B) on behalf of the Holders of all Preferred Securities, Securities waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee GUARANTEE Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder of Preferred Securities to receive payment of the Guarantee GUARANTEE Payments in accordance with this Guarantee GUARANTEE Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 7 contracts

Samples: Guarantee Agreement (JPM Capital Trust Iv), Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Ii)

Events of Default; Waiver. (a) Subject to Section 2.06(b), Holders may, of Preferred Securities may by vote of at least a Majority in liquidation amount of the Preferred Securities, (A) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon by the Guarantee Trustee, Trustee or (B) on behalf of the Holders of all Preferred Securities, Securities waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 4 contracts

Samples: Guarantee Agreement (RJR Nabisco Holdings Capital Trust Ii), Guarantee Agreement (Aes Corporation), Guarantee Agreement (Aes Corporation)

Events of Default; Waiver. (a) Subject to Section 2.06(b2.6(b), Holders may, of Preferred Securities may by vote of at least a Majority in liquidation amount of the Preferred Securities, (A) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, Trustee or (B) on behalf of the Holders of all Preferred Securities, Securities waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 4 contracts

Samples: Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Ual Corp Capital Trust I), Guarantee Agreement (Eq Capital Trust Iv)

Events of Default; Waiver. (a) Subject to Section 2.06(b)paragraph (b) of this Section, Holders may, may by vote of at least a Majority in aggregate liquidation amount of the Preferred Securities, (Ai) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, Trustee or (Bii) on behalf of all of the Holders of all Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 2 contracts

Samples: Guarantee Agreement (Time Warner Companies Inc), Guarantee Agreement (Time Warner Companies Inc)

Events of Default; Waiver. (a) Subject to Section 2.06(b), The Holders of a Majority [of Outstanding] [in Liquidation Amounts of the]Preferred Securities may, by vote of at least a Majority in liquidation amount (i) on behalf of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences or (Aii) direct the time, method and place of conducting any proceeding proceedings for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, or (B) on behalf of the Holders of all Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such default Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default Default, or impair any right consequent thereon. (b) The Subject to Section 2.6(a), the right of any Holder to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 1 contract

Samples: Guarantee Agreement (Goodyear Capital Trust I)

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Events of Default; Waiver. (a) Subject to Section 2.06(b), Holders may, of Preferred Securities may by vote of at least a Majority in liquidation amount Stated Amount of the Preferred Securities, (Ai) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, Trustee or (Bii) on behalf of the Holders of all Preferred Securities, Securities waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 1 contract

Samples: Guarantee Agreement (Time Warner Inc)

Events of Default; Waiver. (a) Subject to Section -------------------------- 2.06(b), Holders may, may by vote of at least a Majority in aggregate liquidation amount of the Preferred Securities, (Ai) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, Trustee or (Bii) on behalf of all of the Holders of all Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 1 contract

Samples: Guarantee Agreement (Time Warner Capital Iii)

Events of Default; Waiver. (a) Subject to Section 2.06(b), Holders may, may by vote of at least a Majority in aggregate liquidation amount of the Preferred Securities, (Ai) direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee, or exercising any trust or power conferred upon the Guarantee Trustee, Trustee or (Bii) on behalf of all of the Holders of all Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) The right of any Holder to receive payment of the Guarantee Payments in accordance with this Guarantee Agreement, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 1 contract

Samples: Guarantee Agreement (Time Warner Inc)

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