Common use of Exception to Remedies Clause in Contracts

Exception to Remedies. Notwithstanding anything in this Supplemental Indenture or the Original Indenture to the contrary, to the extent elected by the Company, the sole remedy for an Event of Default relating to the failure by the Company to comply with the reporting obligations set forth in Section 704 of the Original Indenture as further supplemented by this Supplemental Indenture and for any failure to comply with § 314(a)(1) of the Trust Indenture Act, will for the first 120 days after the occurrence of such an Event of Default, consist exclusively of the right of Holders to receive Additional Interest on the Notes at an annual rate equal to 0.25% of the principal amount of the Notes. If the Company so elects, such Additional Interest will be payable in the same manner and on the same dates as the stated interest payable on the Notes. The Additional Interest will accrue on all outstanding Notes from and including the date on which such Event of Default first occurs to but not including the 120th day thereafter (or such earlier date on which such Event of Default shall have been cured or waived). On such 120th day after such Event of Default (if the Event of Default relating to such obligation is not cured or waived prior to such 120th day), such Additional Interest will cease to accrue and the Notes will be subject to acceleration as provided in the Original Indenture. The provisions of this Section 3.03 shall not affect the rights of Holders in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay the Additional Interest upon such Event of Default in accordance with this Section 3.03, the Notes shall be subject to acceleration as provided in the Original Indenture. In order to elect such Additional Interest remedy pursuant to this Section 3.03, the Company must notify all Holders, the Trustee and the Paying Agent of such election on or before the close of business on the date on which such Event of Default first occurs, stating (i) the amount of such Additional Interest that is payable and (ii) the date on which such Additional Interest is payable.

Exception to Remedies. Notwithstanding anything in this Supplemental Indenture or the Original Base Indenture to the contrary, to the extent elected by the Company, the sole remedy for an Event of Default relating to the failure by the Company to comply with the reporting obligations set forth in Section 704 7.04 of the Original Indenture as further supplemented by this Supplemental Base Indenture and for any failure to comply with § the requirements of Section 314(a)(1) of the Trust Indenture ActAct shall, will for the first 120 days after the occurrence of such an Event of Default, consist exclusively of the right of Holders to receive Additional Interest additional interest on the Notes at an annual rate equal to 0.250.50% of the principal amount of the NotesNotes (the “Additional Interest”). If the Company so elects, such Additional Interest will shall be payable in the same manner and on the same dates as the stated interest payable on the Notes. The Additional Interest will shall accrue on all outstanding Outstanding Notes from and including the date on which such the Event of Default relating to the failure to comply with the reporting obligations in the Base Indenture or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act first occurs to but not including the 120th day thereafter (or such earlier date on which such Event of Default shall have been is cured or waivedwaived by the Holders of a majority in principal amount of the Outstanding Notes). On such 120th day after such Event of Default (or earlier, if the Event of Default relating to such obligation the reporting obligations under the Base Indenture or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act is not cured or waived by the Holders of a majority in principal amount of the Outstanding Notes prior to such 120th day), such Additional Interest will shall cease to accrue and and, if the Event of Default relating to reporting obligations or the failure to comply with Section 314(a)(1) of the Trust Indenture Act has not been cured or waived prior to such 120th day, the Notes will shall be subject to acceleration as provided in the Original Base Indenture. The provisions of this Section 3.03 6.02 shall not affect the rights of Holders of Notes in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay the Additional Interest upon such an Event of Default in accordance with this Section 3.036.02, the Notes shall be subject to acceleration as provided in the Original Base Indenture. In order to elect such to pay the Additional Interest on the Notes as the sole remedy pursuant during the first 120 days after the occurrence of an Event of Default relating to the failure to comply with the reporting obligations in Section 7.04 of the Base Indenture or the failure to comply with Section 314(a)(1) of the Trust Indenture Act in accordance with this Section 3.036.02, the Company must notify all HoldersHolders of Notes, the Trustee and the Paying Agent of such election on or before the close of business on the date on which such Event of Default first occurs, stating (i) the amount of such Additional Interest that is payable and (ii) the date on which such Additional Interest is payable.

Exception to Remedies. Notwithstanding anything in this Supplemental Indenture or the Original Base Indenture to the contrary, to the extent elected by the Company, the sole remedy for an Event of Default relating to the failure by the Company to comply with the reporting obligations set forth in Section 704 7.04 of the Original Indenture as further supplemented by this Supplemental Base Indenture and for any failure to comply with § the requirements of Section 314(a)(1) of the Trust Indenture Act, will shall for the first 120 days after the occurrence of such an Event of Default, consist exclusively of the right of Holders to receive Additional Interest additional interest on the Notes at an annual rate equal to 0.250.50% of the principal amount of the NotesNotes (the "Additional Interest"). If the Company so elects, such Additional Interest will shall be payable in the same manner and on the same dates as the stated interest payable on the Notes. The Additional Interest will shall accrue on all outstanding Notes from and including the date on which such the Event of Default relating to the failure to comply with the reporting obligations in the Base Indenture or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act first occurs to but not including the 120th day thereafter (or such earlier date on which such Event of Default shall have been is cured or waivedwaived by the Holders of a majority in principal amount of the outstanding Notes). On such 120th day after such Event of Default (or earlier, if the Event of Default relating to such obligation the reporting obligations under the Base Indenture or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act is not cured or waived by the Holders of a majority in principal amount of the outstanding Notes prior to such 120th day), such Additional Interest will shall cease to accrue and and, if the Notes will Event of Default relating to reporting obligations or the failure to comply with Section 314(a)(1) of the Trust Indenture Act has not been cured or waived prior to such 120th day, the notes shall be subject to acceleration as provided in the Original Base Indenture. The provisions of this Section 3.03 6.02 shall not affect the rights of Holders of Notes in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay the Additional Interest upon such an Event of Default in accordance with this Section 3.036.02, the Notes shall be subject to acceleration as provided in the Original Base Indenture. In order to elect such to pay the Additional Interest on the Notes as the sole remedy pursuant during the first 120 days after the occurrence of an Event of Default relating to the failure to comply with the reporting obligations in Section 7.04 of the Base Indenture or the failure to comply with Section 314(a)(1) of the Trust Indenture Act in accordance with this Section 3.036.02, the Company must notify all HoldersHolders of Notes, the Trustee and the Paying Agent of such election on or before the close of business on the date on which such Event of Default first occurs, stating (i) the amount of such Additional Interest that is payable and (ii) the date on which such Additional Interest is payable.

Exception to Remedies. Notwithstanding anything in this Supplemental Indenture or the Original Base Indenture to the contrary, to the extent elected by the Company, the sole remedy for an Event of Default relating to the failure by the Company to comply with the reporting obligations set forth in Section 704 7.04 of the Original Indenture as further supplemented by this Supplemental Base Indenture and for any failure to comply with § the requirements of Section 314(a)(1) of the Trust Indenture Act, will shall for the first 120 days after the occurrence of such an Event of Default, Default consist exclusively of the right of Holders to receive Additional Interest additional interest on the Notes at an annual rate equal to 0.250.50% of the principal amount of the NotesNotes (the “Additional Interest”). If the Company so elects, such Additional Interest will shall be payable in the same manner and on the same dates as the stated interest payable on the Notes. The Additional Interest will , and shall accrue on all outstanding Notes from from, and including including, the date on which such the Event of Default relating to the failure to comply with the reporting obligations set forth in Section 7.04 of the Base Indenture or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act first occurs to to, but not including including, the 120th day thereafter (or such earlier date on which such Event of Default shall have been is cured or waivedwaived by the Holders of a majority in principal amount of the Outstanding Notes). On such 120th day after such Event of Default (or earlier, if the Event of Default relating to such obligation the reporting obligations under Section 7.04 of the Base Indenture or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act is not cured or waived by the Holders of a majority in principal amount of the Outstanding Notes prior to such 120th day), such Additional Interest will shall cease to accrue and and, if the Event of Default relating to reporting obligations under Section 7.04 of the Base Indenture or the failure to comply with Section 314(a)(1) of the Trust Indenture Act has not been cured or waived prior to such 120th day, the Notes will shall be subject to acceleration as provided in the Original Base Indenture. The provisions of this Section 3.03 6.02 shall not affect the rights of Holders of Notes in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay the Additional Interest upon such an Event of Default in accordance with this Section 3.036.02, the Notes shall be subject to acceleration as provided in the Original Base Indenture. In order to elect such to pay the Additional Interest on the Notes as the sole remedy pursuant during the first 120 days after the occurrence of an Event of Default relating to the failure to comply with the reporting obligations in Section 7.04 of the Base Indenture or the failure to comply with Section 314(a)(1) of the Trust Indenture Act in accordance with this Section 3.036.02, the Company must notify all HoldersHolders of Notes, the Trustee and the Paying Agent (if other than the Trustee) of such election on or before the close of business on the date on which such Event of Default first occurs, stating (i) the amount of such Additional Interest that is payable and (ii) the date on which such Additional Interest is payable.

Exception to Remedies. Notwithstanding anything in this Supplemental Indenture or the Original Base Indenture to the contrary, to the extent elected by the Company, the sole remedy for an Event of Default relating to the failure by the Company to comply with the reporting obligations set forth in Section 704 of the Original Indenture as further supplemented by this Supplemental Indenture 3.03 and for any failure to comply with § the requirements of Section 314(a)(1) of the Trust Indenture Act, will shall for the first 120 270 days after the occurrence of such an Event of Default, Default consist exclusively of the right of Holders to receive Additional Interest additional interest on the Notes at an annual a rate equal to (i) 0.25% per annum of the principal amount of the NotesNotes outstanding for each day during the 90-day period on which such Event of Default is continuing beginning on, and including, the date on which such an Event of Default first occurs and (ii) 0.50% per annum of the principal amount of the Notes outstanding for each day during the 180-day period on which such Event of Default is continuing beginning on, and including, the 91st day on which such Event of Default is continuing (the “Additional Interest”). If the Company so elects, such Additional Interest will shall be payable in the same manner and on the same dates as the stated interest payable on the Notes. The Additional Interest will , and shall accrue on all outstanding Notes from from, and including including, the date on which such the Event of Default relating to the failure to comply with the reporting obligations set forth in Section 3.03 or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act first occurs to to, but not including including, the 120th 270th day thereafter (or such earlier date on which such Event of Default shall have been is cured or waivedwaived by the Holders of a majority in principal amount of the Outstanding Notes). On such 120th 270th day after such Event of Default (or earlier, if the Event of Default relating to the reporting obligations under Section 3.03 or the failure to comply with the requirements of Section 314(a)(1) of the Trust Indenture Act is cured or waived by the Holders of a majority in principal amount of the Outstanding Notes prior to such obligation is 270th day), such Additional Interest shall cease to accrue and, if the Event of Default relating to reporting obligations under Section 3.03 or the failure to comply with Section 314(a)(1) of the Trust Indenture Act has not been cured or waived prior to such 120th 270th day), such Additional Interest will cease to accrue and the Notes will shall be subject to acceleration as provided in the Original IndentureSection 7.03. The provisions of this Section 3.03 7.02 shall not affect the rights of Holders of Notes in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay the Additional Interest upon such an Event of Default in accordance with this Section 3.037.02, the Notes shall be subject to acceleration as provided in Section 7.03. In no event shall Additional Interest payable pursuant to such election accrue at a rate per year in excess of the Original applicable rate specified in this Section 7.02 pursuant to this Indenture, regardless of the number of events or circumstances giving rise to requirements to pay such Additional Interest pursuant to this Section 7.02. In order to elect such to pay the Additional Interest on the Notes as the sole remedy pursuant during the first 270 days after the occurrence of an Event of Default relating to the failure to comply with the reporting obligations in Section 3.03 or the failure to comply with Section 314(a)(1) of the Trust Indenture Act in accordance with this Section 3.037.02, the Company must shall notify in writing all HoldersHolders of Notes, the Trustee and the Paying Agent (if other than the Trustee) of such election on or before the close of business on the date on which such Event of Default first occurs, stating (i) the amount of such Additional Interest that is payable and (ii) the date on which such Additional Interest is payable. Upon the Company’s failure to timely give such notice or pay Additional Interest, the Notes shall be immediately subject to acceleration pursuant to Section 7.03.

Exception to Remedies. Notwithstanding anything in this Third Supplemental Indenture or the Original Indenture to the contrary, to the extent elected by the Company, the sole remedy for an Event of Default relating to the failure by the Company to comply with the reporting obligations set forth in Section 704 of the Original Indenture as further supplemented by this Supplemental Indenture and for any failure to comply with § §314(a)(1) of the Trust Indenture Act, will for the first 120 days after the occurrence of such an Event of Default, consist exclusively of the right of Holders to receive Additional Interest on the Notes at an annual rate equal to 0.25% of the principal amount of the Notes. If the Company so elects, such Additional Interest will be payable in the same manner and on the same dates as the stated interest payable on the Notes. The Additional Interest will accrue on all outstanding Notes from and including the date on which such Event of Default first occurs to but not including the 120th day thereafter (or such earlier date on which such Event of Default shall have been cured or waived). On such 120th day after such Event of Default (if the Event of Default relating to such obligation is not cured or waived prior to such 120th day), such Additional Interest will cease to accrue and the Notes will be subject to acceleration as provided in the Original Indenture. The provisions of this Section 3.03 3.02 shall not affect the rights of Holders in the event of the occurrence of any other Event of Default. In the event the Company does not elect to pay the Additional Interest upon such Event of Default in accordance with this Section 3.033.02, the Notes shall be subject to acceleration as provided in the Original Indenture. In order to elect such Additional Interest remedy pursuant to this Section 3.033.02, the Company must notify all Holders, the Trustee and the Paying Agent of such election on or before the close of business on the date on which such Event of Default first occurs, stating (i) the amount of such Additional Interest that is payable and (ii) the date on which such Additional Interest is payable.