Common use of Rescission of Declaration Clause in Contracts

Rescission of Declaration. Any declaration made pursuant to Section 8.3 may, should the Required Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Loans shall have become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, shall have been entered; provided that the Borrower shall have paid all arrears of interest upon the Loans and all other amounts then owed to the Administrative Agent and the Lenders including all costs, expenses and liabilities incurred by the Administrative Agent and the Lenders in respect of such declaration and all consequences thereof (except the principal of the Loans which by such declaration shall have become payable) and every other Event of Default shall have been made good, waived or cured; provided that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Credit Agreement (Midwest Generation LLC), Credit Agreement (Midwest Generation LLC)

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Rescission of Declaration. Any declaration made pursuant to Section 8.3 may, should the Required Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Loans Loan shall have become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, shall have been entered; provided that the Borrower shall have paid all arrears of interest upon the Loans and all other amounts then owed to the Administrative Agent and the Lenders including all costs, expenses and liabilities incurred by the Administrative Agent and the Lenders in respect of such declaration and all consequences thereof (except the principal of the Loans which by such declaration shall have become payable) and every other Event of Default shall have been made good, waived or cured; provided that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Facility Lease Agreement (Edison Mission Energy), Facility Lease Agreement (Edison Mission Energy)

Rescission of Declaration. Any declaration made pursuant to Section 8.3 may, should the Required Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Loans shall have become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, shall have been entered; provided that the Borrower shall have paid all arrears of interest upon the Loans and all other amounts then owed to the Administrative Agent and the Lenders including all costs, expenses and liabilities incurred by the Administrative Agent and the Lenders in respect of such declaration and all consequences thereof (except the that principal of the Loans which by such declaration shall have become payable) and every other Event of Default shall have been made good, waived or cured; provided that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Credit Agreement (Edison Mission Energy), Credit Agreement (Edison Mission Energy)

Rescission of Declaration. Any declaration made pursuant to Section 8.3 clause (b) above may, should the Required Lenders Lender in their sole and its absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Revolving Loans shall have become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, shall have been entered; provided that the Borrower shall have paid all arrears of interest upon the Revolving Loans and all other amounts then owed to the Administrative Agent and the Lenders Lender including all costs, expenses and liabilities incurred by the Administrative Agent and the Lenders Lender in respect of such declaration and all consequences thereof (except the principal of the Revolving Loans which by such declaration shall have become payable) and every other Event of Default shall have been made good, waived or cured; provided and provided, further, that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Subordinated Revolving Loan Agreement, Subordinated Revolving Loan Agreement (Eme Homer City Generation Lp)

Rescission of Declaration. Any declaration made pursuant to Section 8.3 may, should the Required Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Loans shall have become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, shall have been entered; provided that the Borrower shall have paid all arrears of interest upon the Loans and all other amounts then owed to the Administrative Agent and the Lenders including all costs, expenses and liabilities incurred by the Administrative Agent and the Lenders in respect of such declaration and all consequences thereof (except the principal of the Loans which by such declaration shall have become payable) and every other Event of Default shall have been made good, waived or cured; provided that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.. ARTICLE IX THE ADMINISTRATIVE AGENT

Appears in 1 contract

Samples: Credit Agreement (Midwest Generation LLC)

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Rescission of Declaration. Any declaration made pursuant to Section 8.3 may8.3may, should the Required Lenders in their sole and absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Loans shall have become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, shall have been entered; provided that the Borrower shall have paid all arrears of interest upon the Loans and all other amounts then owed to the Administrative Agent and the Lenders including all costs, expenses and liabilities incurred by the Administrative Agent and the Lenders in respect of such declaration and all consequences thereof (except the principal of the Loans which by such declaration shall have become payable) and every other Event of Default shall have been made good, waived or cured; provided that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Credit Agreement (Midwest Generation LLC)

Rescission of Declaration. Any declaration made pursuant to Section 8.3 clause (b) above may, should the Required Lenders Lender in their sole and its absolute discretion so elect, be rescinded by written notice to the Borrower at any time after the principal of the Revolving Loans shall have become due and payable, but before any judgment or decree for the payment of the monies so due, or any part thereof, shall have been entered; provided that the Borrower shall have paid all arrears of interest upon the Loans and all other amounts then owed to the Administrative Agent and the Lenders Lender including all costs, expenses and liabilities incurred by the Administrative Agent and the Lenders Lender in respect of such declaration and all consequences thereof (except the principal of the Revolving Loans which by such declaration shall have become payable) and every other Event of Default shall have been made good, waived or cured; provided and provided, further, that no such rescission or annulment shall extend to or affect any subsequent Event of Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Revolving Credit Agreement (Midwest Generation LLC)

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