Common use of Rescission of Acceleration Clause in Contracts

Rescission of Acceleration. The provisions of §6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest upon all the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, if any, on the 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 and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 2 contracts

Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)

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Rescission of Acceleration. The provisions of §6.3 Section 9.02 are subject to the condition that if the principal Principal of and accrued interest on all or any outstanding the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (iSection 9.01(e)(ii), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) Required Lenders may, by written instrument filed with the CompanyBorrower, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest and Principal upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or Premium, if any, on the Notes which has become due and payable solely by reason of such declaration under §6.3) shall have been duly paid, unless the same specifically has been waived in writing by the Required Lenders; and (c) each and every other Default and Event of Default shall have been made good, cured or waived pursuant to §7.1waived; and provided further, further that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 2 contracts

Samples: Subordination Agreement (General Finance CORP), Subordination Agreement (General Finance CORP)

Rescission of Acceleration. The provisions of §Section 6.3 are subject to the condition that if the principal of and accrued interest on all or any the outstanding Notes have Note has been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of §6.1Default, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) holder may, by written instrument filed with notice to the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has shall have been entered for the payment of any monies due pursuant to the Notes Note or this Agreement; (b) all arrears of interest upon all the Notes Note and all other sums payable under the Notes Note and under this Agreement (except any principal, principal or interest or Premium, if any, on the Notes Note which has become due and payable solely by reason of such declaration under §Section 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 §Section 7.1; and provided further, that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 2 contracts

Samples: Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp)

Rescission of Acceleration. The provisions of §6.3 Section 13.2 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs subdivisions (a) through (if), inclusive, or subdivision (j) of §6.1Section 13.1, the holders of 66-66- 2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (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, if any, premium on the Notes which has become due and payable solely by reason of such declaration under §6.3Section 13.2) 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 §7.1Section 18; and provided further, that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Note Agreement (New England Electric System)

Rescission of Acceleration. The provisions of §6.3 Section 9.02 are subject to the condition that if the principal of and accrued interest on all or any outstanding the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default other than those described in paragraphs (aSection 9.01(f) through (ior Section 9.01(g), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) Required Lenders may, by written instrument filed with the CompanyBorrower, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest and principal upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or Premium, if any, on the Notes which has become due and payable solely by reason of such declaration under §6.3) shall have been duly paid, unless the same specifically has been waived in writing by the Required Lenders; and (c) each and every other Default and Event of Default shall have been made good, cured or waived pursuant to §7.1waived; and provided further, that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Credit Agreement (DelStaff, LLC)

Rescission of Acceleration. The provisions of §6.3 Section 9.02 are subject to the condition that if the principal Principal of and accrued interest on all or any outstanding the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (iSection 9.01(e)(ii), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) Required Lenders may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest and Principal upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or Premium, if any, on the Notes which has become due and payable solely by reason of such declaration under §6.3) shall have been duly paid, unless the same specifically has been waived in writing by the Required Lenders; and (c) each and every other Default and Event of Default shall have been made good, cured or waived pursuant to §7.1waived; and provided further, that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Investment Agreement (Minrad International, Inc.)

Rescission of Acceleration. The provisions of §6.3 Section 4.2 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes the Note have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (ij), inclusive, of §6.1Section 4.1, the holder of (or if more than one note has been issued in substitution or exchange for the Note, the holder or holders of 66-2/3% in of aggregate principal amount of the Notes notes then outstanding (without regard to the Series of such Notesoutstanding) may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided PROVIDED that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes Note or this Agreement; (b) all arrears of interest upon all the Notes Note, late charges, and all other sums payable under the Notes Note and under this Agreement (except any principal, principal or interest or Premium, if any, on the Notes such Note which has become due and payable solely by reason of such declaration under §6.3Section 4.2) 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 §7.1Section 5.1; and provided further, that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Subordinated Note Agreement (Omniquip International Inc)

Rescission of Acceleration. The provisions of §6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this AgreementAgreement (including any Supplement); (b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (including any Supplement) (except any principal, interest or Premium, if any, on the 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 and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Rescission of Acceleration. The provisions of §6.3 Section 9.01 are subject to the condition that if the principal Principal of and accrued interest on all or any outstanding Notes the Loans have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (iSection 9.01(e)(ii), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) Required Lenders may, by written instrument filed with the CompanyBorrowers, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest and Principal upon all the Notes Loans and all other sums payable under the Notes and under this Agreement (except any principal, interest or Premium, if any, on the Notes which has become due and payable solely by reason of such declaration under §6.3) shall have been duly paid, unless the same specifically has been waived in writing by the Required Lenders; and (c) each and every other Default and Event of Default shall have been made good, cured or waived pursuant to §7.1waived; and provided further, further that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Debt Agreement (D. E. Shaw Laminar Acquisition Holdings 3, L.L.C.)

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Rescission of Acceleration. The provisions of §6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (ig), inclusive, and paragraphs (k) through (m), inclusive, of §6.1, the holders of 66-2/3662/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (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, if any, premium on the 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 and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Note Agreement (K2 Inc)

Rescission of Acceleration. The provisions of §6.3 Section 9.01 are subject to the condition that if the principal Principal of and accrued interest on all or any outstanding the Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (iSection 9.01(e)(ii), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) Required Lenders may, by written instrument filed with the CompanyBorrowers, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest and Principal upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or Premium, if any, on the Notes which has become due and payable solely by reason of such declaration under §6.3) shall have been duly paid, unless the same specifically has been waived in writing by the Required Lenders; and (c) each and every other Default and Event of Default shall have been made good, cured or waived pursuant to §7.1waived; and provided further, further that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Investment Agreement (Parent Co)

Rescission of Acceleration. The provisions of §6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (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, if any, on the 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 and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Rescission of Acceleration. The provisions of §Section 6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes of a Series have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of §Section 6.1, the holders of Holders holding more than 66-2/3% in aggregate principal amount of the Notes of such Series then outstanding (without regard to the Series of such Notes) may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest upon all the Notes of such Series and all other sums payable under the such Notes and under this Agreement (except any principal, interest or Premium, if any, premium on the such Notes which has become due and payable solely by reason of such declaration under §Section 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 §Section 7.1; and provided further, that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Note Agreement (Semco Energy Inc)

Rescission of Acceleration. The provisions of §6.3 Section 9.01 are subject to the condition that if the principal Principal of and accrued interest on all or any outstanding the Notes shall have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (iSection 9.01(e)(ii), inclusive, of §6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding (without regard to the Series of such Notes) Required Lenders may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest and Principal upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or Premium, if any, on the Notes which has become due and payable solely by reason of such declaration under §6.3) shall have been duly paid, unless the same specifically has been waived in writing by the Required Lenders; and (c) each and every other Default and Event of Default shall have been made good, cured or waived pursuant to §7.1waived; and provided further, further that no such rescission and annulment under this §6.4 shall extend to or affect any subsequent Default or Event of Default or impair any right consequent thereto.

Appears in 1 contract

Samples: Investment Agreement (Palace Entertainment Holdings, Inc.)

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