Common use of Events of Default; Waiver Clause in Contracts

Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of all of the Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) Notwithstanding the provisions of subsection (a) of this Section 2.6, the right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Preferred Securities Guarantee, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 12 contracts

Samples: Preferred Securities Guarantee Agreement (Fleet Financial Group Inc), Preferred Securities Guarantee Agreement (Municipal Mortgage & Equity LLC), Preferred Securities Guarantee Agreement (Countrywide Home Loans Inc)

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Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of all of the Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) Notwithstanding the provisions of subsection (a) of this Section 2.62.2, the right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Preferred Securities Guarantee, or to institute suit for the enforcement of any such payment, shall not be impaired without the consent of each such Holder.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (James River Group, INC), Preferred Securities Guarantee Agreement (Proassurance Corp), Preferred Securities Guarantee Agreement (Proassurance Corp)

Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount of Preferred Capital Securities may, by vote, on behalf of all of the Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Capital Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) Notwithstanding the provisions of subsection (a) of this Section 2.6, the right of any Holder of Preferred Capital Securities to receive payment of the Guarantee Payments in accordance with this Preferred Capital Securities Guarantee, 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: Capital Securities Guarantee Agreement (Fleet Financial Group Inc), Capital Securities Guarantee Agreement (Fleet Financial Group Inc)

Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of all of the Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) Notwithstanding the provisions of subsection (a) of this Section 2.6, the right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Preferred Securities Guarantee, 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: Preferred Securities Guarantee Agreement (Colonial Capital Trust Iv), Preferred Securities Guarantee Agreement (Colonial Capital Trust Iii)

Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount of Outstanding Preferred Securities may, by vote, on behalf of all of the Holders Holders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee 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) Notwithstanding the provisions of subsection (a) of this Section 2.62.06(a), the right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Preferred Securities GuaranteeGuarantee 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 (Raytheon Co/), Guarantee Agreement (Iron Mountain Records Management Inc)

Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of all of the Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) Notwithstanding the provisions of subsection (a) of this Section 2.6, the right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Preferred Securities Guarantee, 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: Preferred Securities Guarantee Agreement (Fleet Capital Trust Viii), Preferred Securities Guarantee Agreement (Fleetboston Financial Corp)

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Events of Default; Waiver. (a) The Except as set forth in the Declaration and the Indenture, the Holders of a Majority in liquidation amount Liquidation Amount of Preferred the Securities maymay waive, by votevote or written consent, on behalf of all of the Holders waive Holders, any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) Notwithstanding the provisions of subsection (a) of this Section 2.6, the right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Preferred Securities Guarantee, 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 (Commerce Bancorp Inc /Nj/)

Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount Liquidation Preference of the Preferred Securities may, by vote, on behalf of all of the Holders Holders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom. (b) Notwithstanding the provisions of subsection (a) of this Section 2.62.5, the right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Preferred Securities Guarantee, 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 (Bowater Inc)

Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of all of the Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon. (b) Notwithstanding the provisions of subsection (a) of this Section 2.6, the right of any Holder of Preferred Securities to receive payment of the Guarantee Payments in accordance with this Preferred Securities Guarantee, 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: Preferred Securities Guarantee Agreement (Potomac Electric Power Co)

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