Waiver of Defaults and Events of Default. (a) Subject to the provisions of Sections 6.08 and 9.01, Noteholders evidencing more than 50% of the Voting Rights, may, by one or more instruments in writing, waive an existing Default or Indenture Event of Default hereunder and its consequences, except a continuing Indenture Event of Default: (i) in respect of the payment of the principal of or interest on any outstanding Note (which may only be waived by the holder of such Note), or (ii) in respect of a covenant or provision hereof which under Article IX cannot be modified or amended without the consent of the holder of each outstanding Note affected (which only may be waived by the holders of all outstanding Notes affected). (b) A copy of each waiver pursuant to Section 6.13(a) shall be furnished by the Issuer to the Trustee. Upon any such waiver, such Indenture Event of Default shall cease to exist and shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Indenture Event of Default or impair any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Waiver of Defaults and Events of Default. (a) Subject to the provisions of Sections 6.08 and 9.01, Noteholders evidencing more than 50% of the Voting Rights, may, by one or more instruments in writing, waive an existing Default or Indenture Event of Default hereunder and its consequences, except a continuing Indenture Event of Default:
(i) in respect of the payment of the principal of or interest on any outstanding Note (which may only be waived by the holder of such Note), or
(ii) in respect of a covenant or provision hereof which under Article IX cannot be modified or amended without the consent of the holder of each outstanding Note affected (which only may be waived by the holders of all outstanding Notes affected).
(b) A copy of each waiver pursuant to Section 6.13(a) shall be furnished by the Issuer to the Trustee. Upon any such waiver, such Indenture Event of Default shall cease to exist and shall be deemed to have been cured, for every purpose of this Amended and Restated Indenture; but no such waiver shall extend to any subsequent or other Indenture Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Waiver of Defaults and Events of Default. (a) Subject to the provisions of Sections 6.08 and 9.01, the Noteholders of Notes evidencing more not less than 5066-2/3% of the Voting RightsAggregate Note Principal Balance, may, by one or more instruments in writing, waive an existing Default or Indenture Event of Default hereunder and its consequences, except a continuing Indenture Event of Default:
(i) in respect of the payment of the principal of or interest on any outstanding Note (which may only be waived by the holder of such Note), or,
(ii) in respect of a covenant or provision hereof which under Article IX cannot be modified or amended without the consent of the holder of each outstanding Note affected (which only may be waived only by the holders of all outstanding Notes affected)., or
(iii) in respect of any payment owing to the Trustee or covenant or provision in its favor (which may be waived only by the Trustee);
(b) A copy of each waiver pursuant to Section 6.13(a) shall be furnished by the Issuer Company to the Trustee. Upon any such waiver, such Indenture Event of Default shall cease to exist and shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Indenture Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Indenture (Fidelity Leasing Inc)
Waiver of Defaults and Events of Default. (a) Subject to the provisions of Sections 6.08 6.09 and 9.019.01 hereof, Noteholders evidencing more than 50% the Majority of the Voting Rights, Holders may, by one or more instruments in writing, waive an existing Default or Indenture Event of Default hereunder and its consequences, except a continuing Indenture Event of Default:
(i) in respect of the payment of the principal of or interest on any outstanding Note (which may only be waived by the holder Holder of such Note), or
(ii) in respect of a covenant or provision hereof which under Article IX cannot be modified or amended without the consent of the holder Holder of each outstanding Note affected (in which only may case, the waiver must be waived executed by the holders Holders of all outstanding Notes affected).
(b) A copy of each waiver pursuant to this Section 6.13(a6.14(a) shall be furnished by the Issuer to the Trustee. Upon any such waiver, such Indenture Event of Default shall cease to exist and shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Indenture Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Indenture (KMC Telecom Holdings Inc)
Waiver of Defaults and Events of Default. (a) Subject to the provisions of Sections 6.08 and 9.01, Noteholders the holders of Notes evidencing more not less than 5066-2/3% of the Voting Rightsaggregate outstanding principal amount of the Class A and Class B Notes, taken together, may, by one or more instruments in writing, waive an existing Default or Indenture Event of Default hereunder and its consequences, except a continuing Indenture Event of Default:
(i) in respect of the payment of the principal of or interest on any outstanding Note (which may only be waived by the holder of such Note), or,
(ii) in respect of a covenant or provision hereof which under Article IX cannot be modified or amended without the consent of the holder of each outstanding Note affected (which only may be waived only by the holders of all outstanding Notes affected)., or
(iii) in respect of any payment owing to the Trustee or covenant or Provision in its favor (which may be waived only by the Trustee);
(b) A copy of each waiver pursuant to Section 6.13(a6.13 (a) shall be furnished by the Issuer Company to the Trustee. Upon any such waiver, such Indenture Event of Default shall cease to exist and shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Indenture Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Indenture (Fidelity Leasing Inc)