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 (Rf Micro Devices Inc), Efficient Networks 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 (Cephalon Inc), Symantec Corp, 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 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), Invision Technologies Inc, Bell Microproducts Inc
Waiver of Defaults and Events of Default. Subject to Sections 8.7 7.06 and 11.210.02, the Holders of no less than a majority in aggregate principal amount of the Securities then outstanding Outstanding by written notice to the Trustee may waive an existing default any past 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 or any accrued but unpaid interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default Default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.210.02, cannot be modified or amended without the consent of the Holder of each Security then Outstanding affected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.
Appears in 3 contracts
Samples: Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty)
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 Default or Event of Default and its consequence, except a default 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 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 Default or Event of Default is waived, it is cured and ceases.
Appears in 2 contracts
Waiver of Defaults and Events of Default. Subject to Sections 8.7 7.07 and 11.210.02, the Holders of no less than a majority in aggregate principal amount of the Securities then outstanding by written notice to the Trustee may waive an existing default any past 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 or any accrued but unpaid interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default Default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.210.02, cannot be modified or amended without the consent of the Holder of each outstanding Security affected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.
Appears in 2 contracts
Samples: Indenture (Northstar Realty), Registration Rights Agreement (Northstar Realty)
Waiver of Defaults and Events of Default. (a) Subject to Sections 8.7 7.07 and 11.210.02, the Holders of no less than a majority in aggregate principal amount of the Securities then outstanding by written notice to the Trustee may waive an existing default past 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 or any accrued but unpaid interest on any Security, a failure by the Company to convert any Securities into Common Stock or any default Default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.210.02, cannot be modified or amended without the consent of the Holder of each Security affected. When a default Default or Event of Default is waived, it is cured and ceasesceases to exist.
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: Cymer Inc
Waiver of Defaults and Events of Default. Subject to Sections 8.7 8.07 and 11.211.02, the Holders of a majority in principal amount aggregate Principal Amount at Maturity 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 11.211.02, 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 1 contract
Samples: Mgi Pharma Inc
Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2Section 8.7, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may may, on behalf of all Holders, 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 (including Contingent Interest and Liquidated Damages, if any) 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 of each Security affectedaffected thereby. When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Gencorp 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: HNC Software Inc/De
Waiver of Defaults and Events of Default. Subject to Sections 8.7 Section 9.07 and 11.212.02, 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, or premium, if any, or interest on on, any Security, a failure by the Company to convert any Securities into Cash or shares of Common Stock Stock, if any, or any default or Event of Default in respect of any provision of this Indenture or the Securities which, under Section 11.212.02, 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 1 contract
Samples: Polymedica Corp
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 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 Security 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 affectedaffected (and except for any default in respect of the payment of any amount to the Trustee pursuant to Section 9.7, which shall not be waived without the consent of the Trustee). When a default or Event of Default is waived, it is cured and ceases.
Appears in 1 contract
Samples: Registration Rights Agreement (Act Manufacturing Inc)