Common use of Waiver of Past Default Clause in Contracts

Waiver of Past Default. Prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.02, the Majority Noteholders may, on behalf of all Noteholders, waive any past Default or Event of Default and its consequences except a Default or Event of Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, such Default or Event of Default shall cease to exist and be deemed to have been cured and not to have occurred and the Issuer, the Indenture Trustee and Noteholders shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Appears in 6 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2023-1)

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Waiver of Past Default. Prior Subject to Section 6.08, the declaration Holder or Holders of not less than a majority in aggregate principal amount of the acceleration of the maturity of the outstanding Notes as provided in Section 5.02, the Majority Noteholders may, on behalf of all NoteholdersHolders, waive any past Default or Event of Default default hereunder and its consequences consequences, except a Default or Event of Default default (ia) in the payment of the principal of of, premium, if any, or interest on on, any of the Notes or Note not yet cured, or (iib) in respect of a covenant or provision hereof which which, under Article Nine, cannot be modified or amended without the consent of the Holder of each Noteoutstanding Note affected. In the case of Upon any such waiver, such Default or default shall cease to exist, and any Event of Default arising therefrom shall cease to exist and be deemed to have been cured and not to have occurred and the Issuercured, the Indenture Trustee and Noteholders shall be restored to their former positions and rights hereunder, respectivelyfor every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default default or impair the exercise of any right consequent theretoarising therefrom.

Appears in 1 contract

Samples: Indenture (MDC Holdings Inc)

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