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

Waiver of Existing Defaults and Events of Default. (a) Subject to Sections 2.10 and 6.08, the Holders of a majority in principal amount of the Notes then outstanding shall have the right to waive any past and existing Default or Event of Default and its consequences under this Indenture, except a Default in the payment of the principal of, or interest or premium, if any, on any Note held by a non-consenting Holder as specified in clauses (1) and (2) of Section 6.01 or in respect of a covenant or a provision which cannot be modified or amended without the consent of each Holder as provided for in Section 8.02 (which shall require the consent of all Holders); provided that, subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. In case of any such waiver, the Issuer, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Appears in 4 contracts

Samples: Indenture (Mueller Water Products, Inc.), Supplemental Indenture (Mueller Water Products, Inc.), Indenture (Mueller Water Products, Inc.)

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Waiver of Existing Defaults and Events of Default. (a) Subject to Sections 2.10 2.10, 6.02, 6.08 and 6.088.02, the Holders of a majority in aggregate principal amount of the Notes then outstanding shall have the right to waive any past and existing Defaults or Events of Default under this Indenture except a Default or Event of Default and its consequences under this Indenture, except a Default in the payment of the principal of, or interest or premium, if any, on any Note held by a non-consenting Holder as specified in clauses (1) and (2) of Section 6.01 or in respect of a covenant or a provision which cannot be modified or amended without the consent of each Holder as provided for in Section 8.02 (which shall require the consent of all Holders); provided thatprovided, subject however, that pursuant to Section 6.02, 6.02 of this Indenture the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). The Issuer shall deliver to the Trustee an Officer’s Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the Issuer, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Appears in 2 contracts

Samples: Supplemental Indenture (Ingevity Corp), Indenture (Ingevity Corp)

Waiver of Existing Defaults and Events of Default. (a) Subject to Sections 2.10 2.10, 6.02, 6.08 and 6.088.02, the Holders of a majority in principal amount of the each series of Notes then outstanding shall have the right to waive any past Defaults and existing Events of Default under this Indenture except a continuing Default or Event of Default and its consequences under this Indenture, except a Default in the payment of the principal of, or interest or premium, if any, on any Note held by a non-consenting Holder as specified in clauses (1) and (2) of Section 6.01 or in respect of a covenant or a provision which cannot be modified or amended without the consent of each Holder all Holders as provided for in Section 8.02 (8.02, which shall require the consent of all Holders); provided that, subject to Section 6.02, of the Holders of a majority in aggregate principal amount the applicable series of Notes then Outstanding. The Issuer shall deliver to the then outstanding Notes may rescind Trustee an acceleration Officer’s Certificate stating that the requisite percentage of Holders have consented to such waiver and its consequences, including any related payment default that resulted from attaching copies of such accelerationconsents. In case of any such waiver, the Issuer, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Appears in 1 contract

Samples: Indenture (Wesco International Inc)

Waiver of Existing Defaults and Events of Default. (a) Subject to Sections 2.10 2.10, 6.02, 6.08 and 6.088.02, the Holders of a majority in principal amount of the any series of Notes then outstanding shall have the right to waive any past Defaults and existing Events of Default under this Indenture applicable to such series except a continuing Default or Event of Default and its consequences under this Indenture, except a Default in the payment of the principal of, or interest or premium, if any, on any Note held by a non-consenting Holder as specified in clauses (1) and (2) of Section 6.01 or in respect of a covenant or a provision which cannot be modified or amended without the consent of each Holder all Holders as provided for in Section 8.02 (8.02, which shall require the consent of all Holders); provided that, subject to Section 6.02, of the Holders of a majority in aggregate principal amount the applicable series of Notes then Outstanding. The Issuer shall deliver to the then outstanding Notes may rescind Trustee an acceleration Officer’s Certificate stating that the requisite percentage of Holders have consented to such waiver and its consequences, including any related payment default that resulted from attaching copies of such accelerationconsents. In case of any such waiver, the Issuer, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Appears in 1 contract

Samples: Indenture (Wesco International Inc)

Waiver of Existing Defaults and Events of Default. (a) Subject to Sections 2.10 and 6.086.08 and the terms of the Third Lien Notes Security Documents, the Holders of a majority in principal amount of the Notes then outstanding shall have the right to waive any past and existing Default or Event of Default and its consequences under this Indenture, except a Default in the payment of the principal of, or interest or premium, if any, on any Note held by a non-consenting Holder as specified in clauses (1) and (2) of Section 6.01 or in respect of a covenant or a provision which cannot be modified or amended without the consent of each Holder as provided for in Section 8.02 (which shall require the consent of all Holders); provided that, subject to Section 6.02, the -129- Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. In case of any such waiver, the Issuer, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Appears in 1 contract

Samples: Indenture (Cooper-Standard Holdings Inc.)

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Waiver of Existing Defaults and Events of Default. (a) Subject to Sections 2.10 and 6.086.08 and the terms of the Notes Security Documents, the Holders of a majority in principal amount of the Notes then outstanding shall have the right to waive any past and existing Default or Event of Default and its consequences under this Indenture, except a Default in the payment of the principal of, or interest or premium, if any, on any Note held by a non-consenting Holder as specified in clauses (1) and (2) of Section 6.01 or in respect of a covenant or a provision which cannot be modified or amended without the consent of each Holder as provided for in Section 8.02 (which shall require the consent of all Holders); provided that, subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. In case of any such waiver, the Issuer, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Appears in 1 contract

Samples: Indenture (Cooper-Standard Holdings Inc.)

Waiver of Existing Defaults and Events of Default. (a) Subject to Sections 2.10 and 6.086.08 and the terms of the First Lien Notes Security Documents, the Holders of a majority in principal amount of the Notes then outstanding shall have the right to waive any past and existing Default or Event of Default and its consequences under this Indenture, except a Default in the payment of the principal of, or interest or premium, if any, on any Note held by a non-consenting Holder as specified in clauses (1) and (2) of Section 6.01 or in respect of a covenant or a provision which cannot be modified or amended without the consent of each Holder as provided for in Section 8.02 (which shall require the consent of all Holders); provided that, subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. In case of any such waiver, the Issuer, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Appears in 1 contract

Samples: Supplemental Indenture (Cooper-Standard Holdings Inc.)

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