Common use of Waiver of Defaults and Events of Default Clause in Contracts

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 Notes then outstanding by notice to the Trustee may waive an existing default or Event of Default and its consequences, except a default or Event of Default in the payment of the principal of, premium, or interest on any Note or any default or Event of Default in respect of any provision of this Indenture or the Notes which, under Section 11.2, 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; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)

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Waiver of Defaults and Events of Default. Subject to Sections 8.7 6.6 and 11.27.2, the Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee Company may waive an existing default or Event of Default and its consequencesconsequence, except a default or Event of Default in the payment of the principal of, premium, of or interest on any Note 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 Indenture Agreement or the Notes which, under Section 11.27.2, 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; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

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 8.7 8.6 and 11.29.2, the Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee Company may waive an existing default or Event of Default and its consequencesconsequence, except a default or Event of Default in the payment of the principal of, premium, of or interest on any Note 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 Indenture Agreement or the Notes which, under Section 11.29.2, 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; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Noteholders Agreement (Hybridon Inc), Noteholders Agreement (Hybridon Inc)

Waiver of Defaults and Events of Default. Subject to Sections 8.7 and 11.2Section 9.6, the Holders of a majority in aggregate principal amount Majority-in-Interest of the Notes then outstanding by notice to the Trustee Company may waive an existing default or Event of Default and its consequencesconsequence, except a default or Event of Default in the payment of the principal of, premium, if any, or interest on any Note Note, a failure by the Company to convert any Notes into 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 Indenture Agreement or the Notes which, under Section 11.29.6, 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; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Purchase Agreement (MoSys, Inc.), Convertible Note Purchase Agreement (Focus Enhancements Inc)

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Waiver of Defaults and Events of Default. Subject to Sections 8.7 6.07 and 11.29.02, the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may waive an existing default Default or Event of Default and its consequences, except a default an uncured Default or Event of Default in the payment of the principal of, premiumor any accrued but unpaid interest, if any, on any Note, or interest on any Note or any default Default or Event of Default in respect of any provision of this Indenture or the Notes which, under Section 11.29.02, 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 ceases; but no such waiver shall extend ceases to any subsequent or other Default or impair any right consequent thereonexist.

Appears in 1 contract

Samples: Trust Indenture (Kinney Drugs Inc)

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