Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 21 contracts
Samples: Note Purchase and Private Shelf Agreement (Coca Cola Bottling Co Consolidated /De/), Note Purchase and Private Shelf Agreement (Coca Cola Bottling Co Consolidated /De/), Note Purchase and Private Shelf Agreement (Wd 40 Co)
Rescission of Acceleration. At any time after any or all of the Notes of any a Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this AgreementAgreement (as this Agreement pertains to the Notes of such Series). No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 17 contracts
Samples: Note Purchase and Private Shelf Agreement (Applied Industrial Technologies Inc), Exhibit Agreement (Applied Industrial Technologies Inc), Amendment to Agreement (Applied Industrial Technologies Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 6 contracts
Samples: Amended and Restated Note Purchase and Private Shelf Agreement (Oil-Dri Corp of America), Master Note Purchase Agreement, Master Note Purchase Agreement (Nordson Corp)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the CompanyIssuers, rescind and annul such declaration and its consequences if (i) the Company Issuers shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company Issuers shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 5 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Aaron's Inc), Note Purchase Agreement (Aaron's Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 5 contracts
Samples: Note Purchase Agreement (Matson, Inc.), Note Purchase Agreement (Matson, Inc.), Note Purchase Agreement (Corrpro Companies Inc /Oh/)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 5 contracts
Samples: Note Purchase and Private Shelf Agreement (Centerspace), Private Shelf Agreement (Advanced Drainage Systems, Inc.), Private Shelf Agreement (Advanced Drainage Systems, Inc.)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if if:
(i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, ,
(ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, ,
(iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and and
(iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 5 contracts
Samples: Note Purchase and Private Shelf Agreement (Waste Industries Usa Inc), Note Purchase and Private Shelf Agreement (Ruddick Corp), Private Shelf Agreement (Watsco Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if if:
(i) the Company shall have paid all accrued and unpaid overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and accrued and unpaid interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, Notes,
(ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, ,
(iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and and
(iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 4 contracts
Samples: Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc.), Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc.), Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc/)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Make Whole Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Make Whole Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 4 contracts
Samples: Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/), Private Shelf Agreement (Saia Inc), Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the CompanyObligors, rescind and annul such declaration and its consequences if (i) the Company Obligors shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company Obligors shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 4 contracts
Samples: Note Purchase Agreement (Aaron's Inc), Note Purchase Agreement (Aaron's Inc), Note Purchase Agreement (Aaron Rents Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Yield Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 4 contracts
Samples: Senior Secured Notes (Crosstex Energy Lp), Senior Secured Notes Master Shelf Agreement (Crosstex Energy Lp), Note Purchase Agreement (Crosstex Energy Lp)
Rescission of Acceleration. At any time after any or all of the Notes of Loans and any Series other Obligations shall have been declared immediately due and payable pursuant to paragraph 7ASection 8.2, the Required Holder(s) of the Notes of such Series Lenders may, by notice in writing to the CompanyBorrower, rescind and annul such declaration and its consequences if (i) the Company Borrower shall have paid all overdue interest on the Notes of such SeriesLoans, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series the Loans which have has become due otherwise other than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Serieshereunder, (ii) the Company Borrower shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Defaults and Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11CSection 10.1, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series Loans or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Default or Event of Default or Default or impair any right arising therefrom.
Appears in 3 contracts
Samples: Loan Agreement (Guerrilla RF, Inc.), Loan Agreement (Guerrilla RF, Inc.), Loan Agreement (Guerrilla RF, Inc.)
Rescission of Acceleration. At The provisions of Section 7.3 are subject to the condition that if the principal of and accrued interest on all or any time after any or all of the outstanding Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7Aby reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of Section 7.1, the Required Holder(s) holders of 66-2/3% in aggregate principal amount of the Notes of such Series then outstanding may, by notice in writing to written instrument filed with the Company, rescind and annul such declaration and its the consequences if (i) the Company shall have paid all overdue interest on the Notes of such Seriesthereof, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount PROVIDED that at the rate specified in the Notes of time such Series, declaration is annulled and rescinded:
(ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iva) no judgment or decree shall have has been entered for the payment of any amounts monies due pursuant to the Notes of such Series or this Agreement. No ;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under Section 7.3) shall have been duly paid; and
(c) each and every other Default and Event of Default shall have been made good, cured or waived pursuant to Section 8.1; and PROVIDED FURTHER, that no such rescission or and annulment shall extend to or affect any subsequent Default or Event of Default or Default or impair any right arising therefromconsequent thereto.
Appears in 3 contracts
Samples: Note Agreement (Nash Finch Co), Note Agreement (Nash Finch Co), Note Agreement (Nash Finch Co)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Yield- Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Yield- Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 3 contracts
Samples: Note Agreement (Gold Kist Inc), Note Agreement (Gold Kist Inc), Note Agreement (Gold Kist Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, Make Whole Amount payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Make Whole Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.), Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the CompanyIssuer, rescind and annul such declaration and its consequences if (i) the Company Issuer shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount Amount, if any, at the rate specified in the Notes of such Series, (ii) the Company Issuer shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C13C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Lci Industries), Note Purchase and Private Shelf Agreement (DREW INDUSTRIES Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph Section 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance AmountPremium, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount Premium at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph Section 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 2 contracts
Samples: Note Purchase Agreement (Heritage Propane Partners L P), Note Purchase Agreement (Heritage Propane Partners L P)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7ASection 8.1, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any the Notes of such Series which have has become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11CSection 12.3, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Restructuring Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 2 contracts
Samples: Subordinated Note Restructuring Agreement (Prudential Insurance Co of America), Subordinated Note Restructuring Agreement (Boots & Coots International Well Control Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph Paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11CParagraph 12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 2 contracts
Samples: Note Agreement (Albany International Corp /De/), Note Agreement and Guaranty (Albany International Corp /De/)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A7A hereof, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C11C hereof, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Nordson Corp), Master Note Purchase Agreement (Nordson Corp)
Rescission of Acceleration. At The provisions of §6.3 are subject to the condition that if the principal of and accrued interest on all or any time after any or all outstanding series of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7Aby reason of the occurrence of any Event of Default described in paragraphs (a) through (k), inclusive, or (n) of §6.1, the Required Holder(s) holders of at least 66-2/3% in aggregate principal amount of the Notes of such Series series then outstanding may, by notice in writing to written instrument filed with the CompanyObligors, rescind and annul such declaration and its the consequences if (i) the Company shall have paid all overdue interest on the Notes of such Seriesthereof, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount provided that at the rate specified in the Notes of time such Series, declaration is annulled and rescinded:
(ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iva) no judgment or decree shall have has been entered for the payment of any amounts monies due pursuant to such series of Notes, this Agreement, the Security Agreement or the Mortgages;
(b) all arrears of interest upon all the Notes of such Series or series and all other sums payable under the Notes of such series, this Agreement. No , the Security Agreement and the Mortgages (except any principal, interest or premium on such series of Notes which has become due and payable solely by reason of such declaration under §6.3) shall have been duly paid; and
(c) each and every other Default and Event of Default shall have been made good, cured or waived pursuant to §7.1; and provided further, that no such rescission or and annulment shall extend to or affect any subsequent Default or Event of Default or Default or impair any right arising therefromconsequent thereto.
Appears in 1 contract
Samples: Note Agreement (Quad/Graphics, Inc.)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A7A hereof, the Required Holder(s) of the Notes of such Series Holders may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C11C hereof, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Agreement (Rohr Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series Note shall have been declared immediately due and payable pursuant to paragraph 7ASUBPARAGRAPH (B) or (C) of PARAGRAPH 11.1, the Required Holder(s) of the Notes of such Series Holders may, by written notice in writing to the Company, rescind and annul any such declaration and its consequences with respect to the Notes if (i) the Company shall have paid all overdue interest on the Notes of such Seriesinterest, the principal of and YieldMake-Maintenance Amount, if any, Whole Amount payable with respect to any Notes of such Series Note which have become due otherwise than by reason of such declaration, and including any interest on any such overdue interest and overdue interest, principal and Yieldthe Make-Maintenance Amount Whole Amount, at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11CPARAGRAPH 16, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes Transaction Documents solely by reason of such Series or this Agreementdeclaration. No such rescission or annulment shall extend to or affect any subsequent Default or Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any a Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Seriesseries, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this AgreementAgreement (as this Agreement pertains to the Notes of such Series). No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, 11C and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the CompanyIssuers, rescind and annul such declaration and its consequences if (i) the Company Issuers shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, LIBOR Breakage Amount, Swap Breakage Amount and Prepayment Premium, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount, LIBOR Breakage Amount, Swap Breakage Amount and Prepayment Premium at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company Issuers shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Nordson Corp)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Agreement (Gorman Rupp Co)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A(S) 7.01, the Required Holder(s) of not less than 51% in aggregate principal amount of all of the Notes of such Series then Outstanding may, by notice in writing to the CompanyCompany and the Trustee, cause the Trustee to rescind and annul such declaration and its consequences if (ia) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (iib) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iiic) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C(S) 12.06, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this AgreementIndenture. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Indenture (Buckeye Partners L P)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been are declared immediately due and payable pursuant to paragraph 7Aand have not been paid in full, the Required Holder(s) of the Notes of such Series of Notes may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have has paid all overdue interest and Credit Fees on the Notes of such SeriesNotes, the principal of and Yield-Yield Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest (at the rate specified in the Notes) and Credit Fees on such overdue interest and Credit Fees and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall declaration have been cured or waived pursuant to paragraph 11C, and (iviii) no judgment or decree shall have has been entered for the payment of any amounts monies due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom."
Appears in 1 contract
Samples: Second Amended and Restated Master Shelf Agreement (Western Gas Resources Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company Issuers shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate Default Rate specified in the Notes of such Series, (ii) the Company no Issuer shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A7A(a) or (c), the Required Majority Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and YieldMake-Maintenance Whole Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and YieldMake-Maintenance Whole Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C15 or to the satisfaction (in their sole discretion) of the Majority Holders, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series Convertible Debentures shall have been declared immediately due and payable pursuant to paragraph 7ASection 9.01, the Required Holder(s) of the Notes of such Series Purchaser may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesConvertible Debentures, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series Convertible Debentures which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesConvertible Debentures, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11CSection 10.03, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series Convertible Debentures or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Yield Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Senior Notes Master Shelf Agreement (Transmontaigne Oil Co)
Rescission of Acceleration. At any time after any or all of the Guaranteed Senior Secured Primary Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7Asubsection (b), the Required Holder(s) of the Notes of such Series Holders may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesGuaranteed Senior Secured Primary Notes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Guaranteed Senior Secured Primary Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesGuaranteed Senior Secured Primary Notes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this AgreementGuaranteed Senior Secured Primary Notes. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A8A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Yield- Maintenance Amount Amount, if any, at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Subordinated Note and Warrant Purchase Agreement (Hallwood Consolidated Resources Corp)
Rescission of Acceleration. At any time after any or all of the Private Shelf Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesPrivate Shelf Notes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Private Shelf Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesPrivate Shelf Notes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Private Shelf Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) holder or holders of at least 76% of the aggregate principal amount of the Notes of such Series from time to time outstanding may, by notice in writing to the Company, rescind and annul such declaration and its consequences if if:
(i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, shall have been paid,
(ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, declaration shall not have been paid,
(iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and and
(iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Senior Promissory Note Agreement (Seneca Foods Corp /Ny/)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7Aclause (b) or (c) of ss.6.3, the Required Holder(s) holders of more than 50% in aggregate principal amount of the Notes then outstanding of such Series maySeries, by written notice in writing to the Company, may rescind and annul any such declaration and its consequences if (ia) the Company shall have has paid all overdue interest on the Notes of such Series, the all principal of and YieldMake-Maintenance Whole Amount, if any, payable with respect to on any Notes of such Series which have become that are due otherwise and payable and are unpaid other than by reason of such declaration, and all interest on such overdue interest and overdue principal and YieldMake-Maintenance Amount at Whole Amount, if any, and (to the rate specified extent permitted by applicable law) any overdue interest in respect of the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iiib) all Events of Default and Defaults, other than non-payment of amounts which that have become due solely by reason of such declaration, shall have been cured or have been waived pursuant to paragraph 11Css.7, and (ivc) no judgment or decree shall have has been entered for the payment of any amounts monies due pursuant hereto or to the Notes any Note of such Series or this AgreementSeries. No such rescission or and annulment shall under this ss.6.4 will extend to or affect any subsequent Event of Default or Default or impair any right arising therefromconsequent thereon.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C11D, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Private Shelf Agreement (Corn Products International Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes as a consequence of such Series or this Agreementdeclaration. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Movado Group Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A8A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any the Notes of such Series which have has become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-non- payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Subordinated Note and Warrant Purchase Agreement (Boots & Coots International Well Control Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes as a consequence of such Series or this Agreementdeclaration. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Agreement (Brown & Sharpe Manufacturing Co /De/)
Rescission of Acceleration. At any time after any or all of the Notes or the Notes of any a Series shall have been are declared immediately due and payable pursuant to paragraph 7A7B, New York Life or the Required Holder(s) of the Notes of such Series the Series, as applicable, may, by notice in writing to the Company, rescind and annul such the declaration of an Event of Default and its consequences if (ia) the Company shall have has paid all overdue interest on the Notes of such Seriessaid Notes, the principal of and Yield-Maintenance Amount, if any, and Breakage Cost Obligation, if any, payable with respect to any Notes of such Series said Note, which have become due otherwise than by reason of such the declaration, and interest on such the overdue interest and interest, overdue principal and principal, Yield-Maintenance Amount and Breakage Cost Obligation at the rate specified in the Notes of such Seriessaid Notes, (iib) the Company shall has not have paid any amounts which that have become due solely by reason of such declaration, (iiic) all Events of Default and Defaults, other than non-payment of amounts which that have become due solely by reason of such the declaration, shall have been cured or waived pursuant to paragraph 11C, and (ivd) no judgment or decree shall have has been entered for the payment of any amounts due pursuant to the Notes of such the Series or this Agreement. No such rescission or annulment shall will extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series Holders may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and of, Yield-Maintenance Amount, if any, Prepayment Premium, if any, and Breakage Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and principal, Yield-Maintenance Amount, Prepayment Premium and Breakage Amount at the rate specified in the Notes of such Seriesapplicable Default Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Master Note Agreement (Graco Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of or such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (American Biltrite Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, Prepayment Premium, if any, and Breakage Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount, Prepayment Premium and Breakage Amount at the applicable rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Coca-Cola Consolidated, Inc.)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series Holders may, by notice in writing to the CompanyCorporation, rescind and annul such declaration and its consequences if (i) the Company Corporation shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Yield- Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company Corporation shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A8A, the Required Holder(s) holder or holders of at least 66 2/3% of the aggregate principal amount of Notes of such Series then outstanding may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any the Notes of such Series which have has become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any a Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company Companies shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise other- wise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company Companies shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this AgreementAgreement (as this Agreement pertains to the Notes of such Series). No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declarationdeclaration unless such amounts shall have been returned to the Company, (iii) all Events of Default and Defaults, other than non-non- payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this AgreementAgreement unless such judgment or decree shall have been vacated or set aside. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Manitowoc Co Inc)
Rescission of Acceleration. At any time after any or all of the Shelf Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Shelf Notes of such Series may, by notice in writing to the CompanyIssuer, rescind and annul such declaration and its consequences if (i) the Company Issuer shall have paid all overdue interest on the Shelf Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Shelf Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount Amount, if any, at the rate specified in the Shelf Notes of such Series, (ii) the Company Issuer shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C13C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Shelf Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Drew Industries Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph Paragraph 7A, the Required Holder(s) of the Notes of such Series Holders may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph Paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Women First Healthcare Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Agreement (Tampa Electric Co)
Rescission of Acceleration. At any time after any or all of the Notes of any Series Convertible Debentures shall have been declared immediately due and payable pursuant to paragraph 7ASection 9.01, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesConvertible Debentures, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series Convertible Debentures which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesConvertible Debentures, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11CSection 10.03, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series Convertible Debentures or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) Holders of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company Issuer shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company Issuer shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Twin Disc Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph Paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i1) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, Prepayment Premium payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount Prepayment Premium, if any, at the rate specified in the Notes of such SeriesNotes, (ii2) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii3) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, Paragraph 11C and (iv4) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes or this Agreement. If any declaration of acceleration is rescinded and annulled as set forth in this Paragraph 7B, then all amounts which have become due and payable solely as a result of such Series or declaration of acceleration shall no longer be due and payable and shall become due and payable at such time as provided under the terms of this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A8A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any the Notes of such Series which have has become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Subordinated Note and Warrant Purchase Agreement (Equity Compression Services Corp)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (ia) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesAmount, (iib) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iiic) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (ivd) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, LIBOR Breakage Amount and Prepayment Premium, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount, LIBOR Breakage Amount and Prepayment Premium at the rate specified in the Notes of such SeriesDefault Rate, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Nordson Corp)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A9A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C13C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Master Shelf and Assumption Agreement (NPC International Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to Electronic or the CompanyCompany (as applicable), rescind and annul such declaration and its consequences if (i) Electronic or the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) neither Electronic nor the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Private Shelf Agreement (Zero Corp)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.. Table of Contents
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (CHS Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise 17 than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Revolving Credit and Reimbursement Agreement (Willcox & Gibbs Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) holder or holders of at least 66 2/3% of the aggregate principal amount of Notes of such Series then outstanding may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Agreement (Pulitzer Inc)
Rescission of Acceleration. At any time after any or all of the Senior Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7Asubsection (b), the Required Holder(s) of the Notes of such Series Holders may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such SeriesSenior Notes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Senior Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesSenior Notes, (ii) the Company shall not have paid any amounts amounts, other than principal and interest, which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this AgreementSenior Notes. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company 22 shall have paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Yield- Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Franklin Electric Co Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A8A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Multi Currency Note Purchase and Private Shelf Agreement (Kadant Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the CompanyPartnerships, rescind and annul such declaration and its consequences if (i) the Company Partnerships shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company Partnerships shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Facility (Perkins Family Restaurants Lp)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been are declared immediately due and payable pursuant to paragraph 7Aand have not been paid in full, the Required Holder(s) of the Notes of such Series of Notes may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have has paid all overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Yield Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall declaration have been cured or waived pursuant to paragraph 11C, and (iviii) no judgment or decree shall have has been entered for the payment of any amounts monies due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if if;
(i) the Company shall have paid all accrued and unpaid overdue interest on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and accrued and unpaid interest on such overdue interest and overdue principal and Yield-Yield Maintenance Amount at the rate specified in the Notes of such Series, Notes,
(ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, ,
(iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and and
(iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Facility (Crown Crafts Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Yield- Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Steak & Shake Co)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest and the credit fees payable pursuant to paragraph 5Q on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue interest, credit fees, principal and Yield-Yield Maintenance Amount at the rate specified in the Notes of such Series, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C12C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Revolving Notes of any Series or the Term Notes shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Revolving Notes or of such Series the Term Notes (as the case may be) may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have paid all overdue interest and non-usage fees (if any) on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any such Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest interest, non-usage fees and overdue principal and Yield-Maintenance Amount at the rate specified herein or in the Notes of such SeriesNotes, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase and Revolving Credit Agreement (Corinthian Colleges Inc)
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been are declared immediately due and payable pursuant to paragraph 7Aand have not been paid in full, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company shall have has paid all overdue interest and Credit Fees on the Notes of such SeriesNotes, the principal of and Yield-Maintenance Amount, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest (at the rate specified in the Notes) and Credit Fees on such overdue interest and Credit Fees and overdue principal and Yield-Maintenance Amount at the rate specified in the Notes of such SeriesAmount, (ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall declaration have been cured or waived pursuant to paragraph 11C, and (iviii) no judgment or decree shall have has been entered for the payment of any amounts monies due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Note Purchase Agreement (Western Gas Resources Inc)
Rescission of Acceleration. At any time after any or all of the Private Shelf Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if (i) the Company Issuers shall have paid all overdue interest on the Notes of such SeriesPrivate Shelf Notes, the principal of and Yield-Yield Maintenance Amount, if any, payable with respect to any Private Shelf Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and Yield-Yield Maintenance Amount at the rate specified in the Notes of such SeriesPrivate Shelf Notes, (ii) the Company Issuers shall not have paid any amounts which have become due solely by reason of such declaration, (iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and (iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Private Shelf Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Rescission of Acceleration. At any time after any or all of the Notes of any Series shall have been declared immediately due and payable pursuant to paragraph 7A, the Required Holder(s) of the Notes of such Series may, by notice in writing to the Company, rescind and annul such declaration and its consequences if if:
(i) the Company shall have paid all overdue interest on the Notes of such Series, the principal of and Yield-Maintenance Amount, if any, Prepayment Compensation Amount, if any, and Breakage Cost Obligations, if any, payable with respect to any Notes of such Series which have become due otherwise than by reason of such declaration, and interest on such overdue interest and overdue principal and principal, Yield-Maintenance Amount, Prepayment Compensation Amount and Breakage Cost Obligations at the rate specified in the Notes of such Series, ,
(ii) the Company shall not have paid any amounts which have become due solely by reason of such declaration, ,
(iii) all Events of Default and Defaults, other than non-payment of amounts which have become due solely by reason of such declaration, shall have been cured or waived pursuant to paragraph 11C, and and
(iv) no judgment or decree shall have been entered for the payment of any amounts due pursuant to the Notes of such Series or this Agreement. No such rescission or annulment shall extend to or affect any subsequent Event of Default or Default or impair any right arising therefrom.
Appears in 1 contract
Samples: Private Shelf Agreement (Watsco Inc)