Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee 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 Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 5 contracts
Samples: Indenture (St Mary Land & Exploration Co), Indenture (Bisys Group Inc), Indenture (Rf Micro Devices Inc)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal of of, premium, if any, or interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 4 contracts
Samples: Indenture (Bell Microproducts Inc), Indenture (Invision Technologies Inc), Indenture (Bell Microproducts Inc)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee 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 Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 4 contracts
Samples: Indenture (Emulex Corp /De/), Indenture (Symantec Corp), Indenture (Invitrogen Corp)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities Notes then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal of of, premium, or interest on any Security, a failure by the Company to convert any Securities into Common Stock Note or any default or Event of Default in respect of any provision of this Indenture or the Securities Notes which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security Note affected. When a default or Event of Default is waived, it is cured and ceases; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Clearwire Corp), Indenture (Clearwire Corp), Indenture (Clearwire Corp)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 8.07 and 11.211.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee 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 (including Additional Interest), if any, on any Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.211.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Samples: Indenture (Iac/Interactivecorp), Indenture (Ask Jeeves Inc)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee 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 Security, a failure by the Company to convert any Securities into Common Applicable Stock in accordance with the provisions of the Note and this Indenture or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Samples: Indenture (Symantec Corp), Indenture (Veritas Software Corp /De/)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.210.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee 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 any interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.210.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Samples: Indenture (Americredit Corp), Indenture (Americredit Financial Services of Canada LTD)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 8.07 and 11.211.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee 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 (including contingent interest, if any) on any Security, a failure by the Company to convert any Securities into cash or, if applicable, shares of Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.211.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Samples: Indenture (Integra Lifesciences Holdings Corp), Indenture (Integra Lifesciences Holdings Corp)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee 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 Security, a failure by the Company to convert any Securities into Common Stock in accordance with the provisions of the Securities and this Indenture or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal of or premium, if any, or interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Indenture (Cymer Inc)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in principal amount of the Securities then outstanding outstanding, by notice to the Trustee 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 Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Indenture (HNC Software Inc/De)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2Section 8.7, the Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal of (or premium, if any) or interest on any SecuritySecurity as specified in clauses (1) and (2) of Section 8.1, or a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any a covenant or provision of this Indenture or the Securities which, under Section 11.2, hereof which cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder holder of each Security affectedaffected thereby. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Indenture (Pinnacle Holdings Inc)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2Section 8.7, the Holders of a majority in principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal of (or premium, if any) or interest on any SecuritySecurity as specified in clauses (1) and (2) of Section 8.1, or a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any a covenant or provision of this Indenture or the Securities which, under Section 11.2, hereof which cannot be modified or amended pursuant to Section 11.2 without the consent of the Holder holder of each Security affectedNote affected thereby. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal of of, premium, or Registration Default Payments, if any, or interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Purchase Agreement (Lexar Media Inc)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 7.7 and 11.210.2, the Holders of a majority in principal amount of the Securities then outstanding outstanding, by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal of of, or premium or interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of failure to comply with any provision of this Indenture or the Securities which, under Section 11.210.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Indenture (Fair Isaac Corp)
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequenceconsequences, except a default or Event of Default in the payment of the principal of or interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.2, cannot be modified or amended without the consent of the Holder of each Security affected. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Indenture (Emulex Corp /De/)