Common use of Powers Exercisable Notwithstanding Event of Default Clause in Contracts

Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company or any Guarantor, as applicable, while in possession of Collateral (other than Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior Lien), may do any of the things not expressly provided for in this Indenture if the holders of a majority in aggregate principal amount of the Notes outstanding, by appropriate action of such holders, shall consent to such action. This Section 12.03 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.01(i) or (ii).

Appears in 2 contracts

Samples: Security Agreement (Metal Management Inc), Indenture (Metal Management Inc)

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Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company or any GuarantorPledgor, as applicable, while in possession of Collateral (other than Cash Equivalentscash, Marketable Securities, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior Lien), may do any of the things not expressly provided for enumerated in this Indenture Sections 12.02, 12.03 and 12.04 if the holders Holders of a majority in aggregate principal amount of the Notes outstanding, by appropriate action of such holdersHolders, shall consent to such action. This Section 12.03 12.05 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.01(i) or (ii).

Appears in 1 contract

Samples: Indenture (Alaris Medical Systems Inc)

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Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company or any Guarantor, as applicableCompany, while in possession of the Mortgaged Collateral (other than Cash Equivalentscash, cash equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior LienAgreements), may do any of the things not expressly provided for enumerated in this Indenture Sections 13.02 and 13.03 if the holders Trustee in its discretion, or the Holders of a majority in aggregate principal amount at maturity of the Notes outstandingoutstanding Securities, by appropriate action of such holdersHolders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 12.03 13.04 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.01(i6.01(1) or (ii6.01(2).

Appears in 1 contract

Samples: Indenture (Millenium Seacarriers Inc)

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