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

Notice of Event of Default; Waiver. The Indenture Trustee shall promptly after obtaining actual knowledge of any Event of Default give notice thereof by mail, first-class postage prepaid, to the holders of all Notes at the time outstanding. The holders of at least 64% in principal amount of the Notes at the time outstanding hereunder may (i) waive any Default or Event of Default hereunder and its consequences which result from the failure of the Issuer, NHLP or National to comply with any provisions of this Indenture, compliance with which can be waived by such holders pursuant to Section 13 and (ii) by written instrument filed with the Issuer, rescind and annul a declaration of acceleration declared pursuant to Section 8.3; provided, however, that a Default in the payment of principal of or premium, if any, on any Notes called for prepayment or interest on the Notes may be so waived and any acceleration may be so rescinded and annulled only if, prior to such waiver or rescission and annulment, as the case may be, all arrears of principal, premium, if any, and interest, and all expenses of the Indenture Trustee and of the holders of the Notes shall be paid or shall be provided for by deposit with the Indenture Trustee of a sum sufficient to pay the same and if no other Default or Event of Default shall have occurred and then be continuing. In case of any such waiver, or in case any proceedings taken on account of any such Default or Event of Default shall be discontinued or abandoned or determined adversely to the Indenture Trustee, then and in every such case, the Issuer, the Indenture Trustee and the holders of the Notes shall be restored to their former positions and rights hereunder respectively. No such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Indenture of Trust and Security Agreement (National Healthcare Corp), Indenture of Trust and Security Agreement (National Health Realty Inc)

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Notice of Event of Default; Waiver. The Indenture Trustee shall promptly after the earlier of (a) receipt of notice from the Obligors or the holder of any Notes of the occurrence of a Default or Event of Default or (b) obtaining actual knowledge of any Event of Default give notice thereof by registered or certified mail, first-class postage prepaid, to the holders of all Notes at the time outstanding. The holders of at least 64% in principal amount of the Notes at the time outstanding hereunder Required Holders may (i) waive any Default or Event of Default hereunder and its consequences which result from the failure of the Issuer, NHLP or National Obligors to comply with any provisions of this Indenture, compliance with which can be waived by such holders pursuant to Section 13 and (ii) by written instrument filed with the Issuer, rescind and annul a declaration of acceleration declared pursuant to Section 8.3section 8.2; provided, however, however that a Default in the payment of principal of or premium, if any, on any Notes called for prepayment or interest on the Notes may be so waived and any acceleration may be so rescinded and annulled but only if, prior to such waiver or rescission and annulment, as the case may bewaiver, all arrears of principal, premium, if any, and interest, and all expenses of the Indenture Trustee Trustees and of the holders of the Notes shall be paid or shall be provided for by deposit with the Indenture Trustee of a sum sufficient to pay the same and if no other Default or Event of Default shall have occurred and then be continuing. In case of any such waiver, or in case any proceedings taken on account of any such Default or Event of Default shall be discontinued or abandoned or determined adversely to the Indenture TrusteeTrustees, then and in every such case, the IssuerObligors, the Indenture Trustee Trustees and the holders of the Notes shall be restored to their former positions and rights hereunder respectively. No such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (Ramsay Health Care Inc)

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Notice of Event of Default; Waiver. The Indenture Corporate Trustee shall promptly (and in no event more than two Business Days) after obtaining actual knowledge of any Event of Default give notice thereof by mail, first-class postage prepaid, to the holders of all Notes at the time outstanding. The holders of at least 6466 2/3% in principal amount of the Notes at the time outstanding hereunder may (i) waive any Default or Event of Default hereunder and its consequences which result from the failure of the Issuer, NHLP or National Company to comply with any provisions of this Indenture, compliance with which can be waived by such holders pursuant to Section 13 8.1 and (ii) by written instrument filed with the Issuer, rescind and or annul a any declaration of acceleration declared maturity made pursuant to Section 8.36.1 hereof; provided, however, that a Default in at the time such declaration is rescinded or annulled: (a) no judgment or decree has been entered for the payment of any moneys due pursuant to the Notes, this Indenture or any of the Mortgages; (b) all arrears of interest upon and principal payable in respect of all of the Notes and all other sums payable under the Notes, this Indenture and the Mortgages (except any principal, interest or premium, if any, on any Notes called for prepayment or interest premium on the Notes may be so waived which has become due and any acceleration may be so rescinded payable solely by reason of such declaration under Section 6.1 hereof) shall have been duly paid; and (c) each and annulled only if, prior to such waiver or rescission and annulment, as the case may be, all arrears of principal, premium, if any, and interest, and all expenses of the Indenture Trustee and of the holders of the Notes shall be paid or shall be provided for by deposit with the Indenture Trustee of a sum sufficient to pay the same and if no every other Default or and Event of Default shall have occurred and then be continuingbeen made good, cured or waived pursuant to Section 8.1 hereof. In case of any such waiver, or in case any proceedings taken on account of any such Default or Event of Default shall be discontinued or abandoned or determined adversely to the Indenture TrusteeTrustees, then and in every such case, the IssuerCompany, the Indenture Trustee Trustees and the holders of the Notes shall be restored to their former positions and rights hereunder respectively. No such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (Kmart Corp)

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