Common use of Rescission of Acceleration Clause in Contracts

Rescission of Acceleration. If at any time after the outstanding principal amount of the Lessor Notes shall have become due and payable by acceleration pursuant to Section 4.3 hereof, (a) all amounts of principal, Make-Whole Amount, if any, and interest which are then due and payable in respect of all the Lessor Notes other than pursuant to Section 4.3 hereof shall have been paid in full, together with interest on all such overdue principal and (to the extent permitted by Applicable Law) overdue interest at the rate or rates specified in the Lessor Notes, and an amount sufficient to cover all costs and expenses of collection incurred by or on behalf of the holders of the Lessor Notes (including counsel fees and expenses and all expenses and reasonable compensation of the Indenture Trustee) and (b) every other Lease Indenture Event of Default shall have been remedied, then a Majority in Interest of Noteholders may, by written notice or notices to the Owner Lessor, the Indenture Trustee and the Facility Lessee, rescind and annul such acceleration and any related declaration of default under the Facility Lease and their respective consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Event of Default or impair any right consequent thereon, and no such rescission and annulment shall require any Noteholder to repay any principal or interest actually paid as a result of such acceleration.

Appears in 7 contracts

Samples: Mortgage and Security Agreement (Calpine Corp), Mortgage and Security Agreement (Calpine Corp), Mortgage and Security Agreement (Calpine Corp)

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Rescission of Acceleration. If at any time after the outstanding principal amount of the Lessor Notes shall have become due and payable by acceleration pursuant to Section 4.3 hereof4.2, (a) all amounts of principal, Make-Whole Amountpremium, if any, and interest which are then due and payable in respect of all the Lessor Notes other otherwise than pursuant to Section 4.3 hereof 4.2 shall have been paid in full, together with interest on all such overdue principal and (to the extent permitted by Applicable Law) overdue interest at the rate or rates specified in the Lessor Notes, and an amount sufficient to cover all costs and expenses of collection incurred by or on behalf of the holders of the Lessor Notes (including including, without limitation, counsel fees and expenses and all expenses and reasonable compensation of the Indenture Trustee) and (b) every other Lease Indenture Event of Default shall have been remedied, then a Majority in Interest of Noteholders may, by written notice or notices to the Owner LessorTrust, the Indenture Trustee and the Facility Lessee, rescind and annul such acceleration and any related declaration of default under the Facility Lease and their respective consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Event of Default or impair any right consequent thereon, and no such rescission and annulment shall require any Noteholder to repay any principal or interest actually paid as a result of such acceleration.

Appears in 2 contracts

Samples: Trust and Security Agreement (Aes Eastern Energy Lp), Indenture of Trust and Security Agreement (Aes Eastern Energy Lp)

Rescission of Acceleration. If at any time after (a) the outstanding principal amount of the Lessor Notes shall have become immediately due and payable, (b) no judgment or decree for any amounts so becoming due and payable by acceleration pursuant to Section 4.3 hereofshall have been entered, (ac) all amounts of principal, Make-Whole Amountpremium, if any, and interest which are then that shall have become due and payable in respect of all of the Lessor Notes other otherwise than pursuant to Section 4.3 hereof any acceleration shall have been paid in full, together with including interest on all such overdue principal principal, premium, if any, and (to the extent permitted by Applicable Law) overdue interest at the applicable rate or rates specified provided for in the Lessor Notes, and (d) the Note holders shall have been paid an amount sufficient to cover all costs and expenses of collection incurred by or on behalf of the Note holders of the Lessor Notes (including including, without limitation, reasonable counsel fees and expenses and all expenses and reasonable compensation of the Indenture Trusteeexpenses) and (be) every other Lease Indenture Event of Default shall have been remediedremedied or waived to the satisfaction of the Note holders, then a Majority in Interest the Note holders may, with the written consent of Noteholders maythe holders of 66 2/3% of the aggregate outstanding principal amount of the Notes, by written notice or notices to the Owner Lessor, the Indenture Trustee and the Facility LesseeCompany, rescind and annul such any acceleration of the Notes and any related declaration of default under the Facility Lease and their respective its consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Default or Event of Default or impair any right consequent thereon, and no such rescission and annulment or shall require any Noteholder Note holder to repay any interest, principal or interest premium actually paid as a result of such acceleration.

Appears in 2 contracts

Samples: Phillips R H Inc, Phillips R H Inc

Rescission of Acceleration. If at any time after (a) the outstanding principal amount of the Lessor Notes shall have become immediately due and payable, (b) no judgment or decree for any amounts so becoming due and payable by acceleration pursuant to Section 4.3 hereofshall have been entered, (ac) all amounts of principal, Make-Whole Amount, if any, and interest which are then shall have become due and payable in respect of all of the Lessor Notes other otherwise than pursuant to Section 4.3 hereof any acceleration shall have been paid in full, together with including interest on all such overdue principal principal, Make-Whole Amount, if any, and (to the extent permitted by Applicable Lawapplicable law) overdue interest at the applicable rate or rates specified provided for in the Lessor Notes, and (d) the Noteholders shall have been paid an amount sufficient to cover all costs and expenses of collection incurred by or on behalf of the holders of the Lessor Notes Noteholders (including including, without limitation, reasonable counsel fees and expenses expenses), (e) all other Obligations then due and all expenses and reasonable compensation of the Indenture Trustee) owing shall have been paid in full, and (bf) every other Lease Indenture Event of Default shall have been remediedremedied or waived to the satisfaction of the Noteholders, then a Majority in Interest of the Required Noteholders may, by written notice or notices to the Owner Lessor, the Indenture Trustee and the Facility LesseeCompany, rescind and annul such any acceleration of the Notes and any related declaration of default under the Facility Lease and their respective its consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Default or Event of Default or impair any right consequent thereon, and no such rescission and annulment or shall require any Noteholder to repay any interest, principal or interest Make-Whole Amount actually paid as a result of such acceleration.

Appears in 1 contract

Samples: Note Purchase Agreement (Unified Western Grocers Inc)

Rescission of Acceleration. If at any time after the outstanding principal amount of the Lessor Notes shall have become due and payable by acceleration pursuant to Section 4.3 hereof, (a) all amounts of principal, Make-Whole Amount, if any, and interest which are then due and payable in respect of all the Lessor Notes other than pursuant to Section 4.3 hereof shall have been paid in full, together with interest on all such overdue principal and (to the extent permitted by Applicable Law) overdue interest at the rate or rates specified in the Lessor Notes, and an amount sufficient to cover all costs and expenses of collection incurred by or on behalf of the holders of the Lessor Notes (including counsel fees and expenses and all expenses and reasonable compensation of the Indenture Trustee) and (b) every other Lease Indenture Event of Default shall have been remedied, then a Majority in Interest of Noteholders may, by written notice or notices to the Owner Lessor, the Indenture Trustee and the Facility Lessee, rescind and annul such acceleration and any related declaration of default under the Facility Lease and their respective consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Event of Default or impair any right consequent thereon, and no such rescission and annulment shall require any Noteholder to repay any principal or interest actually paid as a result of such acceleration.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Firstenergy Corp)

Rescission of Acceleration. If at any time after the outstanding principal amount of the Lessor Notes shall have become due and payable by acceleration pursuant to Section 4.3 4.2 hereof, (a) all amounts of principal, Make-Whole Amountpremium, if any, and interest which are then due and payable in respect of all the Lessor Notes other otherwise than pursuant to Section 4.3 4.2 hereof shall have been paid in full, together with interest on all such overdue principal and (to the extent permitted by Applicable Law) overdue interest at the rate or rates specified in the Lessor Notes, and an amount sufficient to cover all costs and expenses of collection incurred by or on behalf of the holders of the Lessor Notes (including including, without limitation, counsel fees and expenses and all expenses and reasonable compensation of the Indenture Trustee) and (b) every other Lease Indenture Event of Default shall have been remedied, then a Majority in Interest of Noteholders may, by written notice or notices to the Owner LessorTrustee, the Indenture Trustee and the Facility Lessee, rescind and annul such acceleration and any related declaration of default under the Facility Lease and their respective consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Event of Default or impair any right consequent thereon, and no such rescission and annulment shall require any Noteholder to repay any principal or interest actually paid as a result of such acceleration.

Appears in 1 contract

Samples: Second Supplemental Participation Agreement (Oglethorpe Power Corp)

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Rescission of Acceleration. If at any time after the outstanding principal amount of the Lessor Notes shall have become due and payable by acceleration pursuant to Section 4.3 hereof, (a) all amounts of principal, Make-Whole Amountpremium, if any, and interest which are then due and payable in respect of all the Lessor Notes other otherwise than pursuant to Section 4.3 hereof shall have been paid in full, together with interest on all such overdue principal and (to the extent permitted by Applicable Law) overdue interest at the rate or rates specified in the Lessor Notes, and an amount sufficient to cover all costs and expenses of collection incurred by or on behalf of the holders of the Lessor Notes (including counsel fees and expenses and all expenses and reasonable compensation of the Lease Indenture Trustee) and (b) every other Lease Indenture Event of Default shall have been remedied, then a Majority in Interest of Noteholders may, by written notice or notices to the Owner Lessor, the Lease Indenture Trustee and the Facility Lessee, rescind and annul such acceleration and any related declaration of default under the Facility Lease and their respective consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Event of Default or impair any right consequent thereon, and no such rescission and annulment shall require any Noteholder to repay any principal or interest actually paid as a result of such acceleration.

Appears in 1 contract

Samples: Trust, Mortgage and Security Agreement (PPL Montana LLC)

Rescission of Acceleration. If at any time after (a) the outstanding principal amount of the Lessor Notes shall have become immediately due and payable, (b) no judgment or decree for any amounts so becoming due and payable by acceleration pursuant to Section 4.3 hereofshall have been entered, (ac) all amounts of principal, Make-Whole Amountpremium, if any, and interest which are then that shall have become due and payable in respect of all of the Lessor Notes other otherwise than pursuant to Section 4.3 hereof any acceleration shall have been paid in full, together with including interest on all such overdue principal principal, premium, if any, and (to the extent permitted by Applicable Law) overdue interest at the applicable rate or rates specified provided for in the Lessor Notes, and (d) the Note holders shall have been paid an amount sufficient to cover all costs and expenses of collection incurred by or on behalf of the Note holders of the Lessor Notes (including including, without limitation, reasonable counsel fees and expenses and all expenses and reasonable compensation of the Indenture Trusteeexpenses) and (be) every other Lease Indenture Event of Default shall have been remediedremedied or waived to the satisfaction of the Note holders, then a Majority in Interest the Note holders may, with the written consent of Noteholders maythe holders of 66?% of the aggregate outstanding principal amount of the Notes, by written notice or notices to the Owner Lessor, the Indenture Trustee and the Facility LesseeCompany, rescind and annul such any acceleration of the Notes and any related declaration of default under the Facility Lease and their respective its consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Default or Event of Default or impair any right consequent thereon, and no such rescission and annulment or shall require any Noteholder Note holder to repay any interest, principal or interest premium actually paid as a result of such acceleration.

Appears in 1 contract

Samples: Securities Exchange Agreement (Phillips R H Inc)

Rescission of Acceleration. If at any time after the outstanding principal amount of the Lessor Notes shall have become due and payable by acceleration pursuant to Section 4.3 hereof4.3, (a) all amounts of principal, Make-Whole Amountpremium, if any, and interest which are then due and payable in respect of all the Lessor Notes other otherwise than as a result of such acceleration pursuant to Section 4.3 hereof shall have been paid in full, together with interest on all such overdue principal and (to the extent permitted by Applicable Law) overdue interest at the rate or rates specified in the Lessor Notes, and an amount sufficient to cover all reasonable costs and expenses of collection incurred by or on behalf of the holders of the Lessor Notes (including counsel fees and expenses and all expenses and reasonable compensation of the Lease Indenture Trustee) and (b) every other Lease Indenture Event of Default shall have been remedied, then a Majority in Interest of Noteholders may, by written notice or notices to the Owner Lessor, the Lease Indenture Trustee and the Facility Lessee, rescind and annul such acceleration and any related declaration of default under the Facility Lease and their respective consequences, but no such rescission and annulment shall extend to or affect any subsequent Lease Indenture Event of Default or impair any right consequent thereon, and no such rescission and annulment shall require any Noteholder to repay any principal or interest actually paid as a result of such acceleration.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Dynegy Danskammer LLC)

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