Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders of a majority in principal amount of outstanding Debentures, by written notice to the Corporation and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereof, may thereupon rescind and annul such declaration and its consequences if the Corporation has paid or deposited with the Trustee a sum sufficient to pay: (a) all overdue interest on all Debentures; (b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and (c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 5 contracts
Samples: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 section 9.1 and before a judgment or decree for payment of the money due has been obtained by the Indenture Trustee as hereinafter provided, the holders Holders of a majority not less than 50% in principal amount of outstanding Outstanding Debentures, by written notice Notice to the Corporation Company and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereofIndenture Trustee, may thereupon rescind and annul such declaration and its consequences if the Corporation Company has paid or deposited with the Indenture Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments installments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 3 contracts
Samples: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD)
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 8.1 and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders Debentureholders of a majority in 662/3% of the principal amount of outstanding Debentures, by written notice to the Corporation Issuer and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereofTrustee, may thereupon rescind and annul such declaration and its consequences if the Corporation Issuer has paid or deposited with the Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments installments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 2 contracts
Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 section 10.1 and before a judgment or decree for payment of the money due has been obtained by the Indenture Trustee as hereinafter provided, the holders Holders of a majority not less than 50% in principal amount of outstanding Outstanding Debentures, by written notice Notice to the Corporation and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereofIndenture Trustee, may thereupon rescind and annul such declaration and its consequences if the Corporation has paid or deposited with the Indenture Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 2 contracts
Samples: Indenture (Student Transportation Inc.), Indenture (Student Transportation Inc.)
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 8.1 and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders of a majority in 662/3% of the principal amount of outstanding Debentures, by written notice to the Corporation and the Trustee or by Ordinary Extraordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 13 hereof, may thereupon rescind and annul such declaration and its consequences if the Corporation has paid or deposited with the Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment nonpayment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 1 contract
Samples: Indenture (Kirkland Lake Gold Ltd.)
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders of a majority in principal amount of outstanding Debentures, by written notice to the Corporation and the Trustee (provided that, for so long as a member of the MMCAP Group is then a Debentureholder, to be valid, such notice must have been executed by a member of the MMCAP Group that is a Debentureholder) or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereof, may thereupon rescind and annul such declaration and its consequences if the Corporation has paid or deposited with the Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures Debentures, which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 1 contract
Samples: Trust Indenture (NexGen Energy Ltd.)
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 8.1 and before a judgment judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders of a majority in of the principal amount of outstanding Debentures, by written notice to the Corporation and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereofTrustee, may thereupon rescind and annul such declaration and its consequences if the Corporation has paid or deposited with the Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 1 contract
Samples: Trust Indenture (MDC Partners Inc)
Waiver of Declaration. At any time after such a declaration of acceleration with respect to the Debentures Debt Securities of a series has been made pursuant to Section 7.1 and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders Holders of a majority in principal amount of outstanding DebenturesOutstanding Debt Securities of such series, by written notice to the Corporation Issuer, the Guarantor and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereofTrustee, may thereupon rescind and annul such declaration and its consequences if if:
(1) the Corporation Issuer or the Guarantor has paid or deposited with the Trustee a sum sufficient to pay:
(ai) all overdue interest on all Debenturesthe Debt Securities of such series;
(bii) the principal of (and premium, if any, on) any of the Debentures Debt Securities of such series which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such DebenturesDebt Securities; and
(ciii) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments installments of interest at the rate or rates prescribed therefor in such DebenturesDebt Securities; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.and
Appears in 1 contract
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 9.1 and before a judgment judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders of a majority in 66β
% of the principal amount of outstanding Debentures, by written notice to the Corporation REIT and the Trustee or by Ordinary Extraordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 14 hereof, may thereupon rescind and annul such declaration and its consequences if the Corporation REIT has paid or deposited with the Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 1 contract
Samples: Trust Indenture
Waiver of Declaration. 11.3.1 At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 section 11.1 and before a judgment judgement or decree for payment of the money due has been obtained by the Indenture Trustee as hereinafter provided, the holders Holders of a majority not less than 50% in principal amount of outstanding Outstanding Debentures, by written notice Notice to the Corporation Company and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereofIndenture Trustee, may thereupon rescind and annul such declaration and its consequences if the Corporation Company has paid or deposited with the Indenture Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 1 contract
Samples: Indenture (Alamos Gold Inc)
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 9.1 and before a judgment judgement or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders Debentureholders of a majority in 66 2/3% of the principal amount of outstanding Debentures, by written notice to the Corporation Trust and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereofTrustee, may thereupon rescind and annul such declaration and its consequences if the Corporation Trust has paid or deposited with the Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 1 contract
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders of a majority in principal amount of outstanding Debentures, by written notice to the Corporation and the Trustee (provided that, for so long as a member of the QRC Group and/or WHSP Group are then Debentureholders, to be valid, such notice must have been executed by each such Debentureholder) or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereof, may thereupon rescind and annul such declaration and its consequences if the Corporation has paid or deposited with the Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Indenture.
Appears in 1 contract
Samples: Trust Indenture (NexGen Energy Ltd.)
Waiver of Declaration. At any time after a declaration of acceleration with respect to the Debentures has been made pursuant to Section 7.1 8.1 and before a judgment or decree for payment of the money due has been obtained by the Debenture Trustee as hereinafter provided, the holders of a majority in 66β
% of the principal amount of outstanding Debentures, by written notice to the Corporation and the Debenture Trustee or by Ordinary Extraordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereof, may thereupon rescind and annul such declaration and its consequences if the Corporation has paid or deposited with the Debenture Trustee a sum sufficient to pay:
(a) all overdue interest on all Debentures;
(b) the principal of (and premium, if any, on) any of the Debentures which have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such Debentures; and
(c) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments of interest at the rate or rates prescribed therefor in such Debentures; and all Events of Default with respect to the Debentures, other than the non-payment of the principal of (and premium, if any, on), and interest on, such Debentures which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this Trust Indenture.
Appears in 1 contract
Samples: Trust Indenture (Wi-Lan Inc.)
Waiver of Declaration. At any time after such a declaration of acceleration with respect to the Debentures Debt Securities of a series has been made pursuant to Section 7.1 and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided, the holders Holders of a majority in principal amount of outstanding Debenturesthe Outstanding Debt Securities of such series, by written notice to the Corporation Issuer, the Guarantors and the Trustee or by Ordinary Resolution of Debentureholders at a meeting held in accordance with Article 12 hereofTrustee, may thereupon rescind and annul such declaration and its consequences if if:
(a) the Corporation Issuer or a Guarantor has paid or deposited with the Trustee a sum sufficient to pay:
(ai) all overdue interest on all Debenturesthe Debt Securities of such series;
(bii) the principal of (and premium, if any, on) any of the Debentures which Debt Securities of such series that have become due otherwise than by such declaration of acceleration, and interest thereon at the rate or rates prescribed therefor in such DebenturesDebt Securities; and
(ciii) to the extent that payment of such interest is lawful and applicable, interest upon overdue instalments installments of interest at the rate or rates prescribed therefor in such DebenturesDebt Securities; and and
(b) all Events of Default with respect to the DebenturesDebt Securities of such series, other than the non-payment of the principal of (and premiumof, premium if any, on), any and interest on, such Debentures Debt Securities which have become due solely by such declaration of acceleration, have been cured or waived in accordance with the provisions of this the Indenture.
Appears in 1 contract
Samples: Indenture (Nortel Networks LTD)