Waiver of Past Default. Subject to Section 7.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the outstanding Securities may, on behalf of all Holders, waive any past default hereunder and its consequences, except a default (A) in the payment of the principal of, premium, if any, or interest on, any Security as specified in clauses (1) and (2) of Section 7.1 and not yet cured, (B) in respect of a covenant or provision hereof which, under Article X, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, or (C) in respect of any provision hereof which, under Article X, cannot be modified, amended or waived without the consent of the Holders of a supermajority of the aggregate principal amount of the Securities at the time outstanding; PROVIDED, that any such waiver may be effected with the consent of the Holders of a supermajority of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
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Samples: Indenture (Efm Programming Inc)
Waiver of Past Default. Subject to Section 7.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the outstanding Securities may, by written notice to the Trustee on behalf of all Holders, prior to the declaration of acceleration of the maturity of the Securities, waive any past default hereunder and its consequences, except a default
(A) in the payment of the principal of, premium, if any, or interest (or Liquidated Damages, if any) on, any Security as specified in clauses (1a) and (2b) of Section 7.1 and not yet cured,7.1, or
(B) in respect of a covenant or provision hereof which, under Article X, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, or
(C) in respect of any provision hereof which, under Article X, cannot be modified, amended affected or waived without the consent of the Holders of more than a supermajority of the aggregate simple majority in principal amount of the Securities at the time outstandingSecurities, as applicable; PROVIDEDprovided, however, that any such waiver a default may be effected with waived upon the consent affirmative vote of the Holders of a supermajority of the aggregate requisite principal amount of the Securities then outstandingSecurities. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
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Samples: Indenture (Trump Communications LLC)
Waiver of Past Default. Subject to Section 7.86.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the Securities then outstanding Securities may, on behalf of all Holders, waive any past default hereunder and its consequences, except a default
(A) in the payment of the principal of, premium, if any, or interest on, any Security as specified in clauses (1a) and (2b) of Section 7.1 6.1 and not yet cured,;
(B) in respect of a covenant or provision hereof which, under Article XIX, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, ; or
(C) in respect of any provision hereof which, under Article XIX, cannot be modified, amended or waived without the consent of the Holders of a supermajority 66-2/3% of the aggregate principal amount of the Securities at the time outstanding; PROVIDEDprovided, that any such waiver may be effected with the consent of the Holders of a supermajority 66-2/3% of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
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Waiver of Past Default. Subject to Section 7.86.8 hereof, and the Holder or Hold- ers of not less than a majority in aggregate principal amount of then outstanding Securities may, on behalf of all Holders, prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the outstanding Securities may, on behalf of all Holders, waive any past default hereunder and its consequences, except a default
default (A) in the payment of the principal of, premium, if any, or interest on, or Additional Amounts with respect to, any Security not yet cured as specified speci- fied in clauses (1) and (2) of Section 7.1 and not yet cured,
6.1 hereof, or (B) in respect of a covenant or provision provi- sion hereof which, under Article XIX hereof, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, or
(C) in respect of any provision hereof which, under Article X, cannot be modified, amended or waived without the consent of the Holders of a supermajority of the aggregate principal amount of the Securities at the time outstanding; PROVIDED, that any such waiver may be effected with the consent of the Holders of a supermajority of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this IndentureInden- ture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
Appears in 1 contract
Samples: Indenture (Checkpoint Systems Inc)
Waiver of Past Default. Subject to Section 7.85.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the Securities then outstanding Securities may, on behalf of all Holders, waive any past default hereunder and its consequences, except a default
(A) in the payment of the principal of, premium, if any, or interest and Liquidated Damages, if any, on, any Security as specified in clauses (1a) and (2b) of Section 7.1 5.1 and not yet cured,;
(B) in respect of a covenant or provision hereof which, under Article XVIII, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, ; or
(C) in respect of any provision hereof which, under Article XVIII, cannot be modified, amended or waived without the consent of the Holders of a supermajority 662/3% of the aggregate principal amount of the Securities at the time outstanding; PROVIDEDprovided, that any such waiver may be effected with the consent of the Holders of a supermajority 662/3% of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
Appears in 1 contract
Samples: Indenture (Waterford Gaming LLC)
Waiver of Past Default. Subject to Section 7.8, and prior to the declaration of acceleration of the maturity of the Securities6.8, the Holder or Holders of not less than a majority in aggregate principal amount of the outstanding Securities may, by written notice to the Trustee on behalf of all Holders, prior to the declaration of the maturity of the Securities, waive any past default hereunder and its consequences, except a default
(A) in the payment of the principal of, premium, if any, or interest (and Liquidated Damages, if any) on, any Security as specified in clauses (1) and (2) of Section 7.1 and not yet cured6.1,
(B) in respect of a covenant or provision hereof which, under Article XIX, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, or
(C) in respect of any a covenant or provision hereof which, under Article XIX, cannot be modified, modified or amended or waived without the consent of the Holders of a supermajority of the in aggregate principal amount of the Securities at the time outstanding; PROVIDEDthen outstanding Securities, that any in which case such waiver may be effected with shall require the consent of the Holders of a supermajority of the aggregate principal amount of the Securities then outstandingsuch Holders. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
Appears in 1 contract
Samples: Indenture (LSB Industries Inc)
Waiver of Past Default. Subject to Section 7.85.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the Securities then outstanding Securities may, on behalf of all Holders, waive any past default hereunder and its consequences, except a default
(Aa) in the payment of the principal of, premium, if any, or interest on, any Security as specified in clauses (1a) and (2b) of Section 7.1 5.1 and not yet cured,;
(Bb) in respect of a covenant or provision hereof which, under Article XVIII, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, ; or
(Cc) in respect of any provision hereof which, under Article XVIII, cannot be modified, amended or waived without the consent of the Holders of a supermajority 66-2/3% of the aggregate principal amount of the Securities at the time outstanding; PROVIDEDprovided, that any such waiver may be effected with the consent of the Holders of a supermajority 66 % of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
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Waiver of Past Default. Subject to Section 7.8, and prior to the declaration of acceleration of the maturity of the Securities, the The Holder or Holders of not less than a majority in aggregate principal amount of the then outstanding Securities Notes may, on behalf of all Holders, prior to the declaration of acceleration of the maturity of the Notes, waive any past default hereunder and its consequences, except a default
(A) in the payment of the principal of, premium, interest on, or Liquidated Damages, if any, or interest onwith respect to, any Security as specified in clauses (1) and (2) of Section 7.1 and Note not yet cured,, or
(B) in respect of a covenant or provision hereof which, under Article XIX, cannot be modified or amended without the consent of the Holder of each outstanding Security Note affected, or
(C) in respect of any provision hereof which, under Article X, cannot be modified, amended or waived without the consent of the Holders of a supermajority of the aggregate principal amount of the Securities at the time outstanding; PROVIDED, that any such waiver may be effected with the consent of the Holders of a supermajority of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom. In the event of a waiver, the Company 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. When a Default or Event of Default is waived, it is cured and ceases.
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Samples: Indenture (Mmi Products Inc)
Waiver of Past Default. Subject to Section 7.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the outstanding Securities may, by written notice to the Trustee on behalf of all Holders, prior to the declaration of acceleration of the maturity of the Securities, waive any past default hereunder and its consequences, except a default
(A) in the payment of the principal of, premium, if any, or interest (and Liquidated Damages, if any) on, any Security as specified in clauses (1a) and (2b) of Section 7.1 and not yet cured,7.1, or
(B) in respect of a covenant or provision hereof which, under Article X, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, or
(C) in respect of any provision hereof which, under Article X, cannot be modified, amended affected or waived without the consent of the Holders of more than a supermajority of the aggregate simple majority in principal amount of the Securities at the time outstandingSecurities, as applicable; PROVIDEDprovided, however, that any such waiver a default may be effected with waived upon the consent affirmative vote of the Holders of a supermajority of the aggregate requisite principal amount of the Securities then outstandingSecurities. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
Appears in 1 contract
Waiver of Past Default. Subject to Section 7.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in of the aggregate principal amount of the then outstanding Securities may, by written notice to the Trustee on behalf of all Holders, prior to the declaration of the maturity of the Securities, waive any past default Default or Event of Default hereunder and its consequences, except a defaultDefault or Event of Default
(A) in the payment of the principal of, premium, if any, or interest on, any Security as specified in clauses (1) and (2) of Section 7.1 and not yet cured,7.1(a), or
(B) in respect of a covenant or provision hereof which, under under, Article X, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, or
(C) in respect of any provision hereof which, under Article X, cannot be modified, amended or waived without the consent of the Holders of a supermajority of the aggregate principal amount of the Securities at the time outstanding; PROVIDED, that any such waiver may be effected with the consent of the Holders of a supermajority of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default Default or Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair the exercise of any right arising therefrom.
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Samples: Indenture (Hammond Residential LLC)
Waiver of Past Default. Subject to Section 7.85.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the Securities then outstanding Securities may, on behalf of all Holders, waive any past default hereunder and its consequences, except a default
(Aa) in the payment of the principal of, premium, if any, or interest on, any Security as specified in clauses (1a) and (2b) of Section 7.1 5.1 and not yet cured,;
(Bb) in respect of a covenant or provision hereof which, under Article XVIII, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, ; or
(Cc) in respect of any provision hereof which, under Article XVIII, cannot be modified, amended or waived without the consent of the Holders of a supermajority 66?% of the aggregate principal amount of the Securities at the time outstanding; PROVIDEDprovided, that any such waiver may be effected with the consent of the Holders of a supermajority 66?% of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
Appears in 1 contract
Samples: Indenture (Waterford Gaming LLC)
Waiver of Past Default. Subject to Section 7.85.8, and prior to the declaration of acceleration of the maturity of the Securities, the Holder or Holders of not less than a majority in aggregate principal amount of the Securities then outstanding Securities may, on behalf of all Holders, waive any past default hereunder and its consequences, except a default
(Aa) in the payment of the principal of, premium, if any, or interest on, any Security as specified in clauses (1a) and (2b) of Section 7.1 5.1 and not yet cured,;
(Bb) in respect of a covenant or provision hereof which, under Article XVIII, cannot be modified or amended without the consent of the Holder of each outstanding Security affected, ; or
(Cc) in respect of any provision hereof which, under Article XVIII, cannot be modified, amended or waived without the consent of the Holders of a supermajority 66 % of the aggregate principal amount of the Securities at the time outstanding; PROVIDEDprovided, that any such waiver may be effected with the consent of the Holders of a supermajority 66 % of the aggregate principal amount of the Securities then outstanding. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair the exercise of any right arising therefrom.
Appears in 1 contract
Samples: Indenture (Waterford Gaming LLC)