Waiver of Defaults and Events of Default. Subject to Sections 6.6 and 7.2, the Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Company may waive an existing default or Event of Default and its consequence, except a default or Event of Default in the payment of the principal of or interest on any Note, a failure by the Company to convert any Notes into Common Stock in accordance with the provisions of the Notes and this Agreement or any default or Event of Default in respect of any provision of this Agreement or the Notes which, under Section 7.2, cannot be modified or amended without the consent of the Holder of each Note affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 3 contracts
Samples: Noteholders Agreement (Eurosite Power Inc.), Noteholders Agreement (Eurosite Power Inc.), Noteholders Agreement (Eurosite Power Inc.)
Waiver of Defaults and Events of Default. Subject to Sections 6.6 8.6 and 7.29.2, the Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Company may waive an existing default or Event of Default and its consequence, except a default or Event of Default in the payment of the principal of or interest on any Note, a failure by the Company to convert any Notes into Common Stock in accordance with the provisions of the Notes and this Agreement or any default or Event of Default in respect of any provision of this Agreement or the Notes which, under Section 7.29.2, cannot be modified or amended without the consent of the Holder of each Note affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Samples: Noteholders Agreement (Hybridon Inc), Noteholders Agreement (Hybridon Inc)
Waiver of Defaults and Events of Default. Subject to Sections 6.6 and 7.2Section 9.6, the Holders of a majority in aggregate principal amount Majority-in-Interest of the Notes then outstanding by notice to the Company may waive an existing default or Event of Default and its consequence, except a default or Event of Default in the payment of the principal of of, premium, if any, or interest on any Note, a failure by the Company to convert any Notes into Common Stock Shares in accordance with the provisions of the Notes and this Agreement or any default or Event of Default in respect of any provision of this Agreement or the Notes which, under Section 7.29.6, cannot be modified or amended without the consent of the Holder of each Note affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Samples: 10% Senior Secured Convertible Note Purchase Agreement (MoSys, Inc.), Senior Secured Convertible Note Purchase Agreement (Focus Enhancements Inc)
Waiver of Defaults and Events of Default. Subject to Sections 6.6 6.07 and 7.29.02, the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by notice to the Company Trustee may waive an existing default Default or Event of Default and its consequenceconsequences, except a default an uncured Default or Event of Default in the payment of the principal of of, or interest any accrued but unpaid interest, if any, on any Note, a failure by the Company to convert any Notes into Common Stock in accordance with the provisions of the Notes and this Agreement or any default Default or Event of Default in respect of any provision of this Agreement Indenture or the Notes which, under Section 7.29.02, cannot be modified or amended without the consent of the Holder of each Note affected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.
Appears in 1 contract
Samples: Trust Indenture (Kinney Drugs Inc)