Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereof, the Holders of a majority in principal amount of the Notes then outstanding shall have the right to waive past Defaults under this Indenture except a Default in the payment of the principal of, or interest or premium, if any, on any Note, which cannot be waived without the consent of the Holder of such Notes or in respect of a covenant or a provision which cannot be modified or amended without the consent of all 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 Event of Default or impair any right consequent thereto.
Appears in 2 contracts
Samples: Indenture (Business Sound Inc), Indenture (Muzak Finance Corp)
Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereof, the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding shall have may on behalf of the right to Holders of all the Notes waive any past Defaults Default under this the Indenture and its consequences, except a Default in the payment of the principal of, or interest or premium, if any, or interest on any Note, which cannot be waived without the consent of the Holder of such Notes or in respect of a covenant or a provision which under the Indenture cannot be modified or amended without the consent of all Holdersthe Holder of each Note 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 Event of Default or impair any right consequent thereto.
Appears in 2 contracts
Samples: Indenture (International Shipholding Corp), Indenture (International Shipholding Corp)
Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereof, the Holders of a majority not less than 75% in principal amount of the Notes then outstanding shall have the right to waive past Defaults under this Indenture except a Default in the payment of the principal of, or interest or premium, if any, on any Note, which cannot be waived without the consent of the Holder of such Notes or in respect of a covenant or a provision which cannot be modified or amended without the consent of all 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 Event of Default or impair any right consequent thereto.
Appears in 2 contracts
Samples: Indenture (Muzak Heart & Soul Foundation), Indenture (Muzak LLC)
Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereof, the Holders of a majority in aggregate principal amount of the Notes then outstanding shall have the right to waive past Defaults under this Supplemental Indenture except a Default or Event of Default in the payment of the principal of, or interest or premiumon, if any, on any Note, which cannot be waived without Note as specified in clauses (a) and (b) of Section 6.01 hereof. The Issuer shall deliver to the consent Trustee an Officer’s Certificate stating that the requisite percentage of the Holder Holders have consented to such waiver and attaching copies of such Notes or in respect consents. In case of a covenant or a provision which cannot any such waiver, the Issuer, the Trustee and the Holders shall be modified or amended without restored to their former positions and rights hereunder and under the consent of all HoldersNotes, respectively. 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 Supplemental Indenture; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.
Appears in 2 contracts
Samples: First Supplemental Indenture (American Greetings Corp), First Supplemental Indenture (American Greetings Corp)
Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereof, the Holders of a majority in principal amount of the Notes then outstanding shall have the right to waive past Defaults under this Indenture except a Default in the payment of ------ the principal of, or interest or premium, if any, on any Note, which cannot be waived without the consent of the Holder of such Notes or in respect of a covenant or a provision which cannot be modified or amended without the consent of all 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 Event of Default or impair any right consequent thereto.
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Samples: Indenture (Muzak Finance Corp)
Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereof, the Holders of a majority in principal amount at maturity of the Notes then outstanding shall have the right to waive past Defaults under this Indenture except a Default in ------ the payment of the principal Accreted Value of, or interest or premium, if any, on any Note, which cannot be waived without the consent of the Holder of such Notes or in respect of a covenant or a provision which cannot be modified or amended without the consent of all 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 Event of Default or impair any right consequent thereto.
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Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereof, the Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding shall have the right to waive past Defaults under this Indenture except a Default in the payment of the principal of, or interest or premium, if any, on any Note, which cannot be waived without the consent of the Holder of such Notes Note or in respect of a covenant or a provision which cannot be modified or amended without the consent of all 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 Event of Default or impair any right consequent thereto.
Appears in 1 contract
Samples: Indenture (D&f Industries Inc)
Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereof, the Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding shall have have, on behalf of all Noteholders, the right to waive past Defaults under this Indenture except a Default in the payment of the principal of, or interest or premium, if any, on any Note, which cannot be waived without the consent of the Holder of such Notes or in respect of a covenant or a provision which cannot be modified or amended without the consent of all 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 Event of Default or impair any right consequent thereto.
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Samples: Indenture (Antenna Tv Sa)
Waiver of Past Defaults and Events of Default. Subject to Sections 6.02, 6.07 and 8.02 hereofNotwithstanding Section 316(a)(1)(B) of the TIA, the Holders of a majority in principal amount of the outstanding Notes then outstanding shall have the right to may waive any past Defaults under this the Indenture except except:
(a) a Default in default relating to the non-payment of the principal of, or of interest or premium(including Additional Interest, if any, on );
(b) a failure to convert any Note, which Notes as provided in this Supplemental Indenture;
(c) a default arising from the Company’s failure to repurchase any Notes when required pursuant to the terms of this Supplemental Indenture; or
(d) a default in respect of any covenant that cannot be waived without the consent of the Holder of such Notes or in respect of a covenant or a provision which cannot be modified or amended without the consent of all Holderseach Holder affected, as provided in Section 10.02(b) hereof. 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 the Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.
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