Common use of Notice of Event of Default; Acceleration Clause in Contracts

Notice of Event of Default; Acceleration. If an Event of Default (other than an Event of Default specified in Sections 6.01(b)(iv), (f) and (g) above) occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Notes may declare all unpaid principal of and accrued interest on all Notes to be due and payable immediately, by delivering a notice in writing to the Issuer and the Guarantors, and upon any such declaration such amounts will become due and payable immediately. If an Event of Default specified in clauses (f) or (g) above occurs, then the principal of and accrued interest on all Notes will become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. If an Event of Default specified in Section 6.01(b)(iv) has occurred and is continuing, the Holders of not less than 25% in principal amount of the Outstanding Notes or the Trustee (acting at the instruction of such Holders) may declare all unpaid principal of and accrued interest on all Notes to be due and payable immediately, by mailing a notice in writing to the Issuer and the Guarantors, and upon any such declaration such amounts will become due and payable immediately; provided, that (A) for the avoidance of doubt, the notice given to declare the Event of Default may be provided simultaneously with and in the same document as the notice to declare all unpaid principal of and accrued interest on all Notes due and payable and (B) the notice given to declare the Event of Default and the notice to declare all unpaid principal of and accrued interest on all Notes due and payable must be given no later than nine (9) months after the date of the Relevant Resolution Notice (unless otherwise extended in writing by the Company), or otherwise will be deemed invalid for all purposes. At any time after a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by any Holder, the Holders of a majority in principal amount of the Outstanding Notes by written notice to the Issuer may rescind or annul such declaration if:

Appears in 13 contracts

Samples: oec-ri.odebrecht.com, oec-ri.odebrecht.com, oec-ri.odebrecht.com

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Notice of Event of Default; Acceleration. If an Event (a) To the extent not otherwise provided under the Terms of the Series, if one or more of the Events of Default (other than an Event as set forth in Paragraph 5 of Default specified in Sections 6.01(b)(iv), (fthe Terms) with respect to a Series of Bonds shall have occurred and (g) above) occurs and is be continuing, then, in each and every such case, upon notice in writing by the Trustee holders (the “Demanding Holders”) acting (individually or the Holders together) of not less than 25% in of the aggregate Outstanding principal amount of such Series of Bonds to the Outstanding Notes Republic with a copy to the Fiscal Agent, of any such Event of Default and its continuance, the Demanding Holders may declare the principal amount of all unpaid principal Bonds of and accrued interest on all Notes such Series to be due and payable immediately, by delivering a notice and in writing to the Issuer and the Guarantors, and upon any such declaration such amounts will become due and payable immediately. If case of an Event of Default specified described in clauses (fParagraph 5(a) or (g5(d) above occursof the Terms, then each Bondholder with respect to such Series may by such notice declare the principal amount of the Bonds of such Series held by such Bondholder to be immediately due and accrued interest on all Notes will payable, and the same shall become and shall be immediately due and payable without any declaration upon the date that such written notice is received by or other act on the part behalf of the Trustee or any Holder. If an Event Republic, unless prior to such date all Events of Default specified in Section 6.01(b)(iv) has occurred respect of all the Bonds of such Series shall have been cured; provided that if, at any time after the principal of the Bonds of such Series shall have been so declared due and is continuingpayable, and before the sale of any property pursuant to any judgment or decree for the payment of monies due shall have been obtained or entered in connection with such Bonds, the Holders Republic shall pay or shall deposit with the Fiscal Agent a sum sufficient to pay all matured installments of not less interest and principal upon all such Bonds which shall have become due otherwise than 25solely by acceleration (with interest on overdue installments of interest, to the extent permitted by law, and on such principal of each such Bond at the rate of interest specified therein, to the date of such payment or deposit) and such amount as shall be sufficient to cover reasonable compensation to the Demanding Bondholders and all other documented expenses and liabilities reasonably incurred, and all advances made for documented expenses and legal fees reasonably incurred by the Demanding Bondholders and if any and all Events of Default, other than the non-payment of the principal of the Bonds which shall have become due solely by acceleration, shall have been cured, waived or otherwise remedied as provided in the Bonds, then, and in every such case, the holders of at least 50% in aggregate principal amount of the Outstanding Notes or the Trustee (acting at the instruction Bonds of such Holders) may declare all unpaid principal of and accrued interest on all Notes to be due and payable immediately, by mailing a notice in writing to the Issuer and the Guarantors, and upon any such declaration such amounts will become due and payable immediately; provided, that (A) for the avoidance of doubt, the notice given to declare the Event of Default may be provided simultaneously with and in the same document as the notice to declare all unpaid principal of and accrued interest on all Notes due and payable and (B) the notice given to declare the Event of Default and the notice to declare all unpaid principal of and accrued interest on all Notes due and payable must be given no later than nine (9) months after the date of the Relevant Resolution Notice (unless otherwise extended in writing by the Company), or otherwise will be deemed invalid for all purposes. At any time after a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by any Holder, the Holders of a majority in principal amount of the Outstanding Notes Series then outstanding by written notice to the Issuer may Republic and to the Fiscal Agent may, on behalf of all of the Bondholders, waive all defaults and rescind or and annul such declaration if:and its consequences, but no such waiver or rescission and annulment shall extend to or shall affect any subsequent default, or shall impair any right consequent thereon. Actions by Bondholders pursuant to this provision need not be taken at a meeting pursuant to the provisions of Article X.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Republic of Chile)

Notice of Event of Default; Acceleration. If an Event (a) To the extent not otherwise provided in a Prospectus Supplement, if one or more of the Events of Default (other than an Event as set forth in Paragraph 5 of Default specified in Sections 6.01(b)(iv), (fthe Terms) with respect to a Series of Bonds shall have occurred and (g) above) occurs and is be continuing, then, in each and every such case, upon notice in writing by the Trustee holders (the “Demanding Holders”) acting (individually or the Holders together) of not less than 25% in of the aggregate Outstanding principal amount of such Series of Bonds to the Outstanding Notes Republic with a copy to the Fiscal Agent, of any such Event of Default and its continuance, the Demanding Holders may declare the principal amount of all unpaid principal Bonds of and accrued interest on all Notes such Series to be due and payable immediately, by delivering a notice and in writing to the Issuer and the Guarantors, and upon any such declaration such amounts will become due and payable immediately. If case of an Event of Default specified described in clauses (fParagraph 5(a) or (g5(d) above occursof the Terms, then each Bondholder with respect to such Series may by such notice declare the principal amount of the Bonds of such Series held by such Bondholder to be immediately due and accrued interest on all Notes will payable, and the same shall become and shall be immediately due and payable without any declaration upon the date that such written notice is received by or other act on the part behalf of the Trustee or any Holder. If an Event Republic, unless prior to such date all Events of Default specified in Section 6.01(b)(iv) has occurred respect of all the Bonds of such Series shall have been cured; provided that if, at any time after the principal of the Bonds of such Series shall have been so declared due and is continuingpayable, and before the sale of any property pursuant to any judgment or decree for the payment of monies due shall have been obtained or entered in connection with such Bonds, the Holders Republic shall pay or shall deposit with the Fiscal Agent a sum sufficient to pay all matured installments of not less interest and principal upon all such Bonds which shall have become due otherwise than 25solely by acceleration (with interest on overdue installments of interest, to the extent permitted by law, and on such principal of each such Bond at the rate of interest specified therein, to the date of such payment or deposit) and such amount as shall be sufficient to cover reasonable compensation to the Demanding Bondholders and all other documented expenses and liabilities reasonably incurred, and all advances made for documented expenses and legal fees reasonably incurred by the Demanding Bondholders and if any and all Events of Default, other than the non-payment of the principal of the Bonds which shall have become due solely by acceleration, shall have been cured, waived or otherwise remedied as provided in the Bonds, then, and in every such case, the holders of at least 50% in aggregate principal amount of the Outstanding Notes or the Trustee (acting at the instruction Bonds of such Holders) may declare all unpaid principal of and accrued interest on all Notes to be due and payable immediately, by mailing a notice in writing to the Issuer and the Guarantors, and upon any such declaration such amounts will become due and payable immediately; provided, that (A) for the avoidance of doubt, the notice given to declare the Event of Default may be provided simultaneously with and in the same document as the notice to declare all unpaid principal of and accrued interest on all Notes due and payable and (B) the notice given to declare the Event of Default and the notice to declare all unpaid principal of and accrued interest on all Notes due and payable must be given no later than nine (9) months after the date of the Relevant Resolution Notice (unless otherwise extended in writing by the Company), or otherwise will be deemed invalid for all purposes. At any time after a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by any Holder, the Holders of a majority in principal amount of the Outstanding Notes Series then outstanding by written notice to the Issuer may Republic and to the Fiscal Agent may, on behalf of all of the Bondholders, waive all defaults and rescind or and annul such declaration if:and its consequences, but no such waiver or rescission and annulment shall extend to or shall affect any subsequent default, or shall impair any right consequent thereon. Actions by Bondholders pursuant to this provision need not be taken at a meeting pursuant to the provisions of Article X.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Republic of Chile)

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Notice of Event of Default; Acceleration. If an Event (a) To the extent not otherwise provided under the Terms of the Series, if one or more of the Events of Default (other than an Event as set forth in Paragraph 5 of Default specified in Sections 6.01(b)(iv), (fthe Terms) with respect to a Series of Bonds shall have occurred and (g) above) occurs and is be continuing, then, in each and every such case, upon notice in writing by the Trustee holders (the "Demanding Holders") acting (individually or the Holders together) of not less than 25% in of the aggregate Outstanding principal amount of such Series of Bonds to the Outstanding Notes Republic with a copy to the Fiscal Agent, of any such Event of Default and its continuance, the Demanding Holders may declare the principal amount of all unpaid principal Bonds of and accrued interest on all Notes such Series to be due and payable immediately, by delivering a notice and in writing to the Issuer and the Guarantors, and upon any such declaration such amounts will become due and payable immediately. If case of an Event of Default specified described in clauses (fParagraph 5(a) or (g5(d) above occursof the Terms, then each Bondholder with respect to such Series may by such notice declare the principal amount of the Bonds of such Series held by such Bondholder to be immediately due and accrued interest on all Notes will payable, and the same shall become and shall be immediately due and payable without any declaration upon the date that such written notice is received by or other act on the part behalf of the Trustee or any Holder. If an Event Republic, unless prior to such date all Events of Default specified in Section 6.01(b)(iv) has occurred respect of all the Bonds of such Series shall have been cured; provided that if, at any time after the principal of the Bonds of such Series shall have been so declared due and is continuingpayable, and before the sale of any property pursuant to any judgment or decree for the payment of monies due shall have been obtained or entered in connection with such Bonds, the Holders Republic shall pay or shall deposit with the Fiscal Agent a sum sufficient to pay all matured installments of not less interest and principal upon all such Bonds which shall have become due otherwise than 25solely by acceleration (with interest on overdue installments of interest, to the extent permitted by law, and on such principal of each such Bond at the rate of interest specified therein, to the date of such payment or deposit) and such amount as shall be sufficient to cover reasonable compensation to the Demanding Bondholders and all other documented expenses and liabilities reasonably incurred, and all advances made for documented expenses and legal fees reasonably incurred by the Demanding Bondholders and if any and all Events of Default, other than the non-payment of the principal of the Bonds which shall have become due solely by acceleration, shall have been cured, waived or otherwise remedied as provided in the Bonds, then, and in every such case, the holders of at least 50% in aggregate principal amount of the Outstanding Notes or the Trustee (acting at the instruction Bonds of such Holders) may declare all unpaid principal of and accrued interest on all Notes to be due and payable immediately, by mailing a notice in writing to the Issuer and the Guarantors, and upon any such declaration such amounts will become due and payable immediately; provided, that (A) for the avoidance of doubt, the notice given to declare the Event of Default may be provided simultaneously with and in the same document as the notice to declare all unpaid principal of and accrued interest on all Notes due and payable and (B) the notice given to declare the Event of Default and the notice to declare all unpaid principal of and accrued interest on all Notes due and payable must be given no later than nine (9) months after the date of the Relevant Resolution Notice (unless otherwise extended in writing by the Company), or otherwise will be deemed invalid for all purposes. At any time after a declaration of acceleration has been made and before a judgment or decree for payment of the money due has been obtained by any Holder, the Holders of a majority in principal amount of the Outstanding Notes Series then outstanding by written notice to the Issuer may Republic and to the Fiscal Agent may, on behalf of all of the Bondholders, waive all defaults and rescind or and annul such declaration if:and its consequences, but no such waiver or rescission and annulment shall extend to or shall affect any subsequent default, or shall impair any right consequent thereon. Actions by Bondholders pursuant to this provision need not be taken at a meeting pursuant to the provisions of Article X.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Republic of Chile)

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