Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 8 contracts
Samples: Indenture (Equinix Europe 2 Financing Corp LLC), Indenture (SMART Global Holdings, Inc.), Indenture (Equinix Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Securities of such Series Notes, rescind an acceleration or waive any an existing Default or Event of Default and its consequences hereunderunder this Indenture, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationNotes. 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 any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.
Appears in 8 contracts
Samples: Indenture (Central European Distribution Corp), Indenture (Central European Distribution Corp), Indenture (Latchey LTD)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and of or premium or interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, provided that the Holders of at least a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration), and (ii) a default with respect to a provision that under Section 9.02 hereof cannot be amended without the consent of each Holder affected. 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 any right consequent thereon.
Appears in 8 contracts
Samples: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the The Holders of a majority in aggregate principal amount of the Notes then outstanding Securities of any Series (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes) by notice to the Trustee may rescind waive an acceleration existing Default and its consequencesconsequences except (i) a Default in the payment of the principal of or interest on a Note or (ii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Noteholder adversely affected. When a Default is waived, including any related payment default that resulted from such acceleration. Upon any such waiverit is deemed cured, 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 any right consequent thereonright. If a Default is deemed to occur solely as a consequence of the existence of another Default (the “Initial Default”), then, at the time such Initial Default is cured (including the payment of default interest, if any), the Default that resulted solely because that Initial Default will also be cured without any further action.
Appears in 7 contracts
Samples: Indenture (Crocs, Inc.), Indenture (Crocs, Inc.), Indenture (Energizer Holdings, Inc.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series The Majority Noteholders by written notice to the Trustee may may, on behalf of the Holders of all the Securities of such Series Notes, waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default except:
(1) an uncured default in the payment of the principal of, premium, if any, and or interest on any Note, or
(2) a default in respect of a covenant or provision hereof which under Article VIII cannot be modified or amended without the Securities consent of such Series (including in connection with an offer to purchase)the Holder of each Outstanding Note affected thereby; provided, however, that after any acceleration, but before a judgment or decree based on acceleration is obtained by the Holders of a majority in aggregate principal amount of Trustee, the then outstanding Securities of any Series Majority Noteholders may rescind an and annul such acceleration and its consequencesif all Events of Default, including any related payment default that resulted from such accelerationother than the nonpayment of accelerated principal, premium or interest, have been cured or waived as provided in this Indenture. 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 any right consequent thereon.
Appears in 6 contracts
Samples: Indenture (Arch Wireless Communications Inc), Indenture (Arch Wireless Inc), Indenture (Arch Wireless Inc)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities Notes of any Series then outstanding by written notice to the Trustee may on behalf of the Holders of all of the Securities Notes of such Series waive any existing Default or Event of Default and its consequences hereunder, under this Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, premium, if any, and interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities Notes of any Series may rescind an acceleration of such Notes and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such 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 or Event of Default or impair any right consequent thereon.
Appears in 6 contracts
Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Indenture (Trinity Place Holdings Inc.)
Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, and or interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that that, subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 6 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then then-outstanding Securities of any Series Notes may, by written notice to the Trustee may and on behalf of the Holders of all of the Securities Notes, waive, rescind or cancel any declaration of such Series waive any an existing or past Default or Event of Default and its consequences hereunderunder this Indenture if such waiver, rescission or cancellation would not conflict with any judgment or decree of a court of competent jurisdiction, except a continuing Default or Event of Default in the payment of interest on, or the principal of, premium, if any, and the Notes (other than such nonpayment of principal or interest on the Securities that has become due as a result of such Series (including in connection with an offer to purchaseacceleration); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, rescission or cancellation, 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 any right consequent thereon.
Appears in 6 contracts
Samples: Indenture (Maxar Technologies Inc.), Indenture (Maxar Technologies Inc.), Indenture (Viasat Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities Notes of any Series all series affected (voting as a single class) by written notice to the Trustee may on behalf of the Holders of all of the Securities Notes of such Series series waive any an existing Default or Event of Default with respect to such series and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, premium and interest on the Securities Notes of such Series series (including in connection with an offer to purchase); ) (provided, however, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Securities Notes of any Series such series may rescind an acceleration with respect to such series and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default in respect of the relevant series of Notes shall cease to exist, and any Event of Default in respect of such series 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 any right consequent thereon.
Appears in 6 contracts
Samples: Senior Indenture (Aptiv Corp), Subordinated Indenture (Aptiv Corp), Subordinated Indenture (Aptiv Corp)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series series by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series that series waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Amounts, if any, and or interest on on, the Securities of such Series that series (including excluding in connection with an offer to purchase)) or in respect of a covenant or provision of this Indenture which under Article 9 may not be modified or amended without the consent of the Holder of each Outstanding Security of the affected series; provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series that series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationacceleration as provided in Section 6.02. 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 any right consequent thereon.
Appears in 6 contracts
Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Realty Limited Partnership)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series a series by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series series waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, the Securities of such Series that series (including in connection with an offer to purchase); ) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series a series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). 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 any right consequent thereon.
Appears in 6 contracts
Samples: Indenture (Lifepoint Health, Inc.), Indenture (West Virginia Management Services Organization, Inc.), Indenture (West Virginia Management Services Organization, Inc.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series series by written notice to the Trustee may waive on behalf of the Holders of all the Securities of such Series waive series and any existing interest coupons appertaining thereto a past Default or Event of Default with respect to that series and its consequences hereunder, except a continuing Default or Event of Default (i) in the payment of the principal of, premium, if any, and or interest on the Securities any Security of such Series series or any interest coupon appertaining thereto or (including ii) in connection with respect of an offer agreement or provision hereof which pursuant to purchase); provided, however, that Article 8 cannot be amended or modified without the Holders of a majority in aggregate principal amount consent of the then outstanding Securities Holder of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from each Outstanding Security of such accelerationseries affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; Indenture but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon.
Appears in 6 contracts
Samples: Senior Subordinated Indenture (Owens & Minor Inc/Va/), Subordinated Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and Additional Interest, if any, or interest on the Securities of such Series on, any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); provided, howeversubject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 6 contracts
Samples: Indenture (Aramark), Indenture (Aramark), Indenture (Avago Technologies LTD)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities Notes of any Series all series affected (voting as a single class) by written notice to the Trustee may on behalf of the Holders of all of the Securities Notes of such Series series waive any an existing Default or Event of Default with respect to such series and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, premium and interest on the Securities Notes of such Series series (including in connection with an offer to purchase); ) (provided, however, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Securities Notes of any Series such series may rescind an acceleration with respect to such series and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default in respect of the relevant series of Notes shall cease to exist, and any Event of Default in respect of such series 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 any right consequent thereon.
Appears in 5 contracts
Samples: Senior Indenture (Aptiv Corp), Senior Indenture (Delphi Trade Management, LLC), Subordinated Indenture (Delphi Trade Management, LLC)
Waiver of Past Defaults. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on the behalf of the all Holders of all the Securities of such Series waive any an existing Default or Event of Default and its consequences hereunder, except (a) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and of or interest on the Securities of such Series a Note, (including in connection with an offer to purchase); provided, however, that the Holders of b) a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such continuing Default shall cease to exist, and any or Event of Default arising therefrom shall be deemed from the failure to have been cured for every purpose redeem or purchase any Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured and the Company, the Trustee and the Holders will be restored to their former positions and rights under this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonright.
Appears in 5 contracts
Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Homefed Corp)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all Losses, liabilities and expenses caused by taking or not taking such action.
Appears in 5 contracts
Samples: Indenture (Liberty Global PLC), Indenture (Liberty Global PLC), Indenture (Liberty Global PLC)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing past Default or Event of Default hereunder with respect to such Series and its consequences hereunderconsequences, except a continuing Default or Event of Default (i) in the payment of the principal of, of (or premium, if any, and ) or interest on the Securities any Security of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each outstanding Security of such Series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 5 contracts
Samples: Senior Indenture (Emagin Corp), Subordinated Indenture (Emagin Corp), Senior Indenture (Mimecast LTD)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series series by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series that series waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Amounts, if any, and or interest on on, the Securities of such Series that series (including excluding in connection with an offer to purchase)) or in respect of a covenant or provision of this Indenture which under Article 9 may not be modified or amended without the consent of the Holder of each Outstanding Security of the affected series; provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series that series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationacceleration as provided in Section 6.02. 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 any right consequent thereon.
Appears in 5 contracts
Samples: Indenture (BRMK Management, Corp.), Indenture (BRMK Management, Corp.), Indenture (Ventas Realty Limited Partnership)
Waiver of Past Defaults. The Holders of not less than at least a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal ofprincipal, premium, if any, or interest on, any Note held by a non-consenting Holder and interest on rescind any acceleration with respect to the Securities Notes and its consequences (provided such rescission would not conflict with any judgment of such Series (including in connection with an offer to purchasea court of competent jurisdiction); provided, howeversubject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Energy Future Intermediate Holding CO LLC), Indenture (EFIH Finance Inc.), Indenture (EFIH Finance Inc.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee (with a copy to the Company; provided that any waiver or rescission under this Section 6.04 shall be valid and binding notwithstanding the failure to provide a copy of such notice to the Company) may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of rescind any Series may rescind an acceleration and its consequences, including ; provided that such rescission would not conflict with any related payment default that resulted from such accelerationjudgment of a court of competent jurisdiction. 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)
Waiver of Past Defaults. Subject to Section 6.07 hereof, the Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase)or Liquidated Damages, if any, on, any Note held by a non-consenting Holder; provided, however, that the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Vail Resorts Inc), Indenture (GHTV Inc), Indenture (Village at Breckenridge Acquisition Corp Inc)
Waiver of Past Defaults. Prior to the acceleration of the maturity of the Notes as provided in Section 6.02, the Holders of not less than a majority in aggregate principal amount of the Notes affected thereby then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, under this Indenture with respect to the Notes except (i) a continuing Default or Event of Default in the payment of premium or interest on, or the principal of, premium, if any, and interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders ) or (ii) a Default or Event of Default in respect of a majority in aggregate principal amount provision that under Section 9.02 cannot be amended without the consent of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationeach Holder affected thereby. Upon any such waiver, such Default or Event of Default shall cease to existexist with respect to the Notes, and any Event of Default with respect to the Notes 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 thereon.
Appears in 4 contracts
Samples: Indenture (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then total outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default with respect to the Notes and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, any Note held by a non-consenting Holder of the Securities of such Series Notes (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); provided, howeversubject to Section 6.02, that the Holders of a majority in aggregate principal amount of the then total outstanding Securities of any Series Notes may rescind an a declaration of acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default with respect to the Notes shall cease to exist, and any Event of Default with respect to the Notes 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Sinclair Broadcast Group, LLC), Indenture (Sinclair Broadcast Group, LLC), Indenture (Sinclair Broadcast Group, LLC)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, the Securities of such Series Notes (including in connection with an offer to purchase); ) or (ii) with respect to any covenant or provision of this Indenture which cannot be modified or amended without the consent of the Holders of each outstanding Note affected, (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)
Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest on, if any, and or interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that that, subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, the Securities of such Series (Notes including in connection with an offer to purchase); providedpurchase (other than the non-payment of principal of or interest, howeverif any, on the Notes that became due solely because of the acceleration of the Notes) (provided that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default Payment Default that resulted from such acceleration). 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, the Securities of such Series Notes (including in connection with an offer to purchase)) or (ii) a Default or Event of Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected; provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the outstanding Securities of such Series waive any existing past Default or Event of Default hereunder and its consequences hereunderconsequences, except a continuing Default or Event of Default Default
(a) in the payment of the principal of, premium, if any, and or interest on any Security (which may only be waived with the consent of each Holder of the Securities of such Series (including in connection with an offer to purchaseaffected); provided, however, that or
(b) in respect of a covenant or a provision hereof which under this Indenture cannot be modified or amended without the consent of the Holders of a majority at least 75% in aggregate principal amount of the then outstanding Outstanding Securities or the Holder of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from each Security Outstanding affected by such accelerationmodification or amendment. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Uag Connecticut I LLC), Indenture (Atlantic Auto Funding Corp), Indenture (HBL LLC)
Waiver of Past Defaults. (a) The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on the Securities of such Series on, any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Disposition Offer or a Change of Control Offer); providedand
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, howeverprovided that, that subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 4 contracts
Samples: Senior Secured Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may Outstanding Notes may, on behalf of the Holders of all the Securities of such Series Notes by written notice to the Trustee, waive any an existing Default or Event of Default and its consequences hereunder, except (i) a continuing Default or Event of Default in the payment of the principal amount of, premium, if any, and accrued and unpaid interest on the Securities Notes, (ii) a Default arising from the failure to redeem or purchase any Note when required pursuant to the terms of such Series this Indenture or (including iii) a Default in connection with an offer to purchase)respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected; provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationacceleration in accordance with Section 6.02. Upon any such waiverWhen a Default is waived, such Default it shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; cured, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonright.
Appears in 4 contracts
Samples: Indenture (Altra Industrial Motion Corp.), Indenture (Valvoline Inc), Indenture (Valvoline Inc)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on the Securities of such Series on, any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); and
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, provided, howeversubject to Section 6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 4 contracts
Samples: Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice (a) Subject to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing Default or Event of Default Section 6.07 and its consequences hereunderSection 9.02 hereof, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in principal amount of the outstanding Notes under this Indenture may waive all past or existing Defaults or Events of Default (except with respect to nonpayment of principal, premium, interest or Additional Amounts, if any, on any Note held by a non-consenting Holder, which may only be waived with the consent of Holders of not less than 90% of the aggregate principal amount of the then outstanding Securities of Notes) and rescind any Series may rescind an such acceleration with respect to such Notes and its consequences, consequences (including any related the payment default that resulted from such acceleration. ) if rescission would not conflict with any judgment or decree of a court of competent jurisdiction.
(b) 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 any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Ardagh Metal Packaging S.A.), Senior Indenture (Ardagh Metal Packaging S.A.), Senior Secured Indenture (Ardagh Metal Packaging S.A.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on the Securities of such Series on, any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); provided, howeversubject to Sections 6.02, 6.07 and 9.02, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal ofprincipal, premium, if any, and or interest on the Securities of such Series any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Disposition Offer or a Change of Control Offer); providedand
(2) a Default with respect to a provision that under Section 9.02 cannot be amended or waived without the consent of each Holder affected, howeverprovided that, that subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default Default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 3 contracts
Samples: Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (Wolverine World Wide Inc /De/)
Waiver of Past Defaults. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on the behalf of the all Holders of all the Securities of such Series waive any an existing Default or Event of Default and its consequences hereunder, except (a) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and of or interest on the Securities of such Series a Note, (including in connection with an offer to purchase); provided, however, that the Holders of b) a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such continuing Default shall cease to exist, and any or Event of Default arising therefrom shall be deemed from the failure to have been cured for every purpose redeem or purchase any Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured and Parent, the Trustee and the Holders will be restored to their former positions and rights under this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonright.
Appears in 3 contracts
Samples: Supplemental Indenture (Kronos Worldwide Inc), Indenture (Kronos Worldwide Inc), Indenture (Kronos Worldwide Inc)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities Notes of any Series each series by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any past or existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal ofprincipal, premium, if any, and or interest on the Securities any Note of such Series series held by a non-consenting Holder (including in connection with an offer to purchasea Change of Control Offer); providedand
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, howeverprovided that, that subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities Notes of any Series such series may rescind an acceleration and its consequences, including any related payment default Default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 3 contracts
Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium (including the Applicable Premium), if any, and or interest on on, the Securities of such Series Notes (including in connection with a redemption or an offer to purchasepurchase right of Holders pursuant to Article 3); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default Payment Default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD), Indenture (Vantage Drilling Netherlands B.V.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of Notes may waive, by their consent (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default default in the payment of the principal ofprincipal, premium, if any, and or interest (including, without limitation, Additional Interest, if any) on the Securities of such Series any Notes held by any non-consenting Holder (including excluding a default in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind payment resulting from an acceleration and its consequences, including any related payment default that resulted from such accelerationhas been or is being waived or rescinded or that has been cured). Upon any such waiver, such 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 or Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Waiver of Past Defaults. Subject to Section 9.02 hereof, the Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing Default or Event of Default past default hereunder and its consequences hereunderconsequences, except a continuing Default or Event of Default default
(1) in the payment of the principal of, premium, if any, and or interest on the Securities of such Series (including in connection any Additional Payments) on any Security (unless such default has been cured and a sum sufficient to pay all matured installments of interest (and Additional Payments, if any) and principal due otherwise than by acceleration has been deposited with an offer to purchasethe Trustee); provided, however, that the Holders or
(2) in respect of a majority in aggregate principal amount covenant or provision hereof which under Article IX cannot be modified or amended without the consent of the then outstanding Securities Holder of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationeach Outstanding Security affected. Upon any such waiver, such Default default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Capital Trust), Indenture (Calpine Corp)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee Notes may on behalf of the Holders of all the Securities of such Series Notes waive any existing past Default or Event of Default hereunder with respect to the Notes and its consequences hereunderconsequences, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and of or interest on any Notes or a Default with respect to a covenant or provision of the Securities Indenture which under Article XII hereof cannot be modified or amended without the consent of such Series the Holder of each outstanding Note affected (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationacceleration as set forth in Section 6.2 of the Base Indenture). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, and or interest on the Securities of such Series Notes (including any waiver obtained in connection with an a purchase of, tender offer to purchase); providedor exchange offer for Notes)(provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). 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 any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Sycamore Park Convalescent Hospital), Senior Subordinated Note Purchase Agreement (Transtechnology Corp), Indenture (Impac Group Inc /De/)
Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, the Holders of not less than a majority in aggregate principal amount of the then outstanding Securities Notes (which may include consents obtained in connection with a tender offer or exchange offer of any Series Notes) by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series rescind an acceleration or waive any an existing Default or Event of Default and its consequences hereunderconsequences, except a continuing Default or Event of Default in the payment of the principal of, premiumor interest or premium on, if anyany Note as specified in Section 6.01(1) or (2). In case of any such rescission or waiver, the Issuer, the Trustee and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of shall be restored to their former positions and rights hereunder and under the then outstanding Securities of any Series may rescind an acceleration and its consequencesNotes, including any related payment default that resulted from such accelerationrespectively. Upon any such rescission or 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 rescission or waiver shall extend to any subsequent or other Default or impair any right consequent thereonthereto.
Appears in 3 contracts
Samples: Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.), Indenture (Global Ship Lease, Inc.)
Waiver of Past Defaults. Subject to Section 8.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, the Securities of such Series Notes (including in connection with an offer to purchase); ) or a failure by the Company to convert any Notes into Shares of Common Stock in accordance with the provisions of the Notes and Article 4 of this Indenture, or a failure to comply with any of the provisions of this Indenture that would require the consent of the Holder of each outstanding Note affected to waive such failure (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default Default that resulted from such acceleration). 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 any right consequent thereon.
Appears in 3 contracts
Samples: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)
Waiver of Past Defaults. (a) Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series waive any existing past Default or Event that results from a breach by the Company of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Performance Obligation. Holders of a majority in of the aggregate principal amount of the then outstanding Outstanding Securities shall not be entitled to waive any past default that results from a Winding-Up Event or a Non-Payment Event.
(b) Upon the occurrence of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiverwaiver permitted by paragraph (a) above, such Default shall cease to exist, and any Event of Default with respect to any series arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this the Base Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (Barclays PLC), Third Supplemental Indenture (Barclays PLC), Fifth Supplemental Indenture (Barclays PLC)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunderhereunder (including rescinding any acceleration of the payment of the Notes), except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, and or interest on on, the Securities of such Series Notes (including in connection with an offer to purchase); ) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). 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 any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (BRP (Luxembourg) 4 S.a.r.l.), Indenture (Dominos Inc), Indenture (Dominos Pizza Government Services Division Inc)
Waiver of Past Defaults. Holders The holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series holders waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on any Note held by a non-consenting holder; and
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the Securities consent of such Series (including in connection with an offer each holder affected, provided that, subject to purchase); providedSection 6.06, however, that the Holders holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 3 contracts
Samples: Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of Senior Notes (including any Series Additional Senior Notes) by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Senior Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Liquidated Damages, if any, and or interest on on, the Securities of such Series Senior Notes (including in connection with an offer to purchase); ) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Senior Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). 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 any right consequent thereon.
Appears in 3 contracts
Samples: Indenture (Varsity Spirit Corporation), Indenture (Riddell Sports Inc), Indenture (Riddell Sports Inc)
Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest on, if any, and or interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Sba Communications Corp), Indenture (Sba Communications Corp)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing past Default or Event of Default hereunder with respect to such Series and its consequences hereunderconsequences, except a continuing Default or Event of Default (a) in the payment of the principal of, premium, if any, and of or interest on the Securities any Security of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) or (b) in respect of a covenant or provision hereof that cannot be modified or amended without the consent of the Holder of each outstanding Security of such Series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Northwest Bancshares, Inc.), Indenture (Northwest Bancshares, Inc.)
Waiver of Past Defaults. Subject to Section 7.02, the Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the outstanding Securities of such Series waive any existing past Default or Event of Default hereunder and its consequences hereunderconsequences, except a continuing Default or Event of Default Default:
(a) in the payment of the principal ofamount, premiumaccrued and unpaid interest, Fundamental Change Purchase Price, if anyany and as applicable, and interest on or to deliver Common Stock as required, with respect to the Securities (which may only be waived with the consent of such Series (including in connection with an offer to purchaseeach Holder of the Securities affected); provided, however, that or
(b) in respect of any provision which under this Indenture cannot be modified or amended without the Holders of a majority in aggregate principal amount consent of the then Holder of each outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationSecurity affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then then-outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, the Securities of such Series Notes (including in connection with an offer to purchase)a Change of Control Offer) or in respect of a covenant or provision hereof which under Article 9 cannot be modified or amended without the consent of the Holder of each outstanding Note affected; provided, however, provided that the Holders of a majority in aggregate principal amount of the then then-outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationaccelera- tion. 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 any right consequent thereon.
Appears in 2 contracts
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal ofprincipal, premium, if any, and or interest on the Securities of such Series any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); providedand
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, howeverprovided that, that subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Centennial Resource Development, Inc.), Indenture (Centennial Resource Development, Inc.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then Notes outstanding Securities of any Series by written notice to the Trustee may may, on behalf of the Holders holders of all the Securities of such Series outstanding Notes, waive any existing Default or Event of Default past default under this Indenture and its consequences hereunderconsequences, except a continuing Default or Event of Default default
(i) in the payment of the principal of, of premium, if any, and any Additional Amounts or interest on any Note held by a non-consenting holder (which may only be waived with the Securities consent of such Series each Holder of Notes affected), or
(including ii) for any Note held by a non-consenting holder, in connection with an offer to purchase); provided, however, that the Holders respect of a majority in aggregate principal amount covenant or provision which under this Indenture cannot be modified or amended without the consent of the then outstanding Securities holder of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from each Note affected by such accelerationmodification or amendment. 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 any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.
Appears in 2 contracts
Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumor premium or interest, if any, and interest on on, the Securities of such Series Notes (including a payment default in connection with an offer Asset Sale Offer or Change of Control Offer) other than non-payment resulting from a declaration of acceleration pursuant to purchase); provided, however, Section 6.02 hereof that the Holders of a majority has been rescinded in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationaccordance with this Article Six. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP)
Waiver of Past Defaults. Subject to Section 6.2, the Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing past Default or Event of Default hereunder and its consequences hereunderconsequences, except a continuing Default or Event of Default (i) in the payment of the principal of, premium, if any, and of or interest on the Securities of such Series any Note (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an and annul a declaration of acceleration and its consequences, including any related default in such payment default that resulted from has become due solely by such declaration of acceleration) or (ii) in respect of a covenant or provision hereof that cannot be modified or amended without the consent of the Holder of each outstanding Note affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Amphenol Corp /De/), Indenture (Amphenol Corp /De/)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice Subject to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunderSection 6.02, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of all the Notes then outstanding Securities outstanding, by written notice to the Trustee (with a copy to the Issuer; provided that any waiver or rescission under this Section 6.04 shall be valid and binding notwithstanding the failure to provide a copy of such notice to the Issuer) may on behalf of the Holders of all of the Notes waive any Series may rescind an acceleration existing Default and its consequencesconsequences under this Indenture (including in connection with an Asset Sale Offer, including an Advance Offer a Change of Control Offer or an Alternate Offer) and rescind any related acceleration with respect to the Notes and its consequences under this Indenture (except if such rescission would conflict with any judgment of a court of competent jurisdiction and except a continuing Default in the payment default that resulted from such accelerationof interest on, premium, if any, or the principal of, any Note held by a non-consenting Holder). 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 any right consequent thereonthereto.
Appears in 2 contracts
Samples: Indenture (Finance of America Companies Inc.), Indenture (Gates Industrial Corp PLC)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then total outstanding Securities of any Series Senior Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Senior Notes waive any existing Default or Event of Default with respect to the Senior Notes and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, any Senior Note held by a non-consenting Holder of the Securities of such Series Senior Notes (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); provided, howeversubject to Section 6.02, that the Holders of a majority in aggregate principal amount of the then total outstanding Securities of any Series Senior Notes may rescind an a declaration of acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default with respect to the Senior Notes shall cease to exist, and any Event of Default with respect to the Senior Notes 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Waiver of Past Defaults. Holders The holders of not less than a majority in aggregate principal amount of the Senior Notes then outstanding Securities of any Series by written notice to the Trustee may may, on behalf of the Holders holders of all the Securities of such Series Senior Notes, waive any an existing Default or Event of Default and its consequences hereunderconsequences, except a continuing Default or an Event of Default in the payment of the principal of, of or interest on the Senior Notes held by non-consenting holders (other than nonpayment of principal of and premium, if any, and or interest on the Securities Senior Notes which has become due solely by virtue of such Series (including an acceleration which has been duly rescinded, as provided above), or in connection with an offer to purchase); provided, however, that the Holders respect of a majority in aggregate principal amount covenant or provision of this Indenture which cannot be modified or amended without the then outstanding Securities consent of any Series may rescind an acceleration and its consequencesall holders of Senior Notes. When a Default is waived, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default it shall cease to exist, exist and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of under this Indenture; but no such . No waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Telemundo Group Inc), Indenture (Telemundo Group Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Securities of such Series Notes, rescind an acceleration or waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiuminterest and premium and Additional Amounts, if any, and interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders of ) (other than a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind payment default resulting from an acceleration and its consequences, including any related payment default that resulted from such accelerationhas been rescinded). 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 any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.
Appears in 2 contracts
Samples: Indenture (VimpelCom Ltd.), Indenture (VimpelCom Ltd.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, of or interest or premium, if any, and interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon. This Section 6.04 shall be in lieu of TIA Section 316(a)(1)(B), and TIA Section 316(a)(1)(B) is hereby expressly excluded from this Indenture and Section as permitted by the TIA.
Appears in 2 contracts
Samples: Indenture (A. M. Castle & Co.), Indenture (Total Plastics, Inc.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in in:
(a) the payment of the principal of, premiumor interest on, if any, and interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration, in accordance with Section 7.02;
(b) the conversion of any Note into cash, shares of Common Stock or a combination thereof, as applicable, in accordance with the provisions of such Note and this Indenture; or
(c) compliance with any of the provisions of this Indenture that would require the consent of the Holder of each Outstanding Note affected thereby. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Ciena Corp), Indenture (Ciena Corp)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, under this Indenture except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and interest or interest, on the Securities of such Series Notes or the Guarantees (including in connection with an offer to purchase); ) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted solely from such acceleration). Upon any such waiverwaiver granted or deemed granted in accordance with the terms hereof, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured and waived for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Red Rock Resorts, Inc.), Indenture (Station Casinos LLC)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing past Default or Event of Default hereunder with respect to such Series and its consequences hereunderconsequences, except a continuing Default or Event of Default (i) in the payment of the principal of, premium, if any, and of or interest on the Securities any Security of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each outstanding Security of such Series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.. 18
Appears in 2 contracts
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal ofprincipal, premium, if any, and or interest on the Securities of such Series any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Disposition Offer or a Change of Control Offer); providedand
(2) a Default with respect to a provision that under Section 10.1 cannot be amended without the consent of each Holder affected, howeverprovided that, that subject to Section 5.1(c), the Holders of a majority in aggregate principal amount of the then then-outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Auna S.A.), Indenture (Auna S.A.A.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount Principal Amount of the then outstanding Securities of any Series Securities, by written notice to the Trustee Trustee, may waive on behalf of the Holders of all the Securities of such Series waive any existing a past Default or Event of Default and its consequences hereunder, except (i) a continuing Default or Event of Default in the payment of the principal ofPrincipal Amount, Redemption Price, Repurchase Price or Designated Event Repurchase Price, premium, if any, and interest or interest, if any, on any Security, unless the Securities of such Series same shall have been paid in full or (including ii) in connection with an offer to purchase); provided, however, that the Holders respect of a majority in aggregate principal amount covenant or provision hereof which pursuant to Section 9.02 cannot be amended or modified without the consent of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationall affected 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 cured, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Palm Harbor Homes Inc /Fl/), Indenture (Avatar Holdings Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then then-outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on on, the Securities of such Series Notes (including in connection with an offer to purchase)a Change of Control Offer) or in respect of a covenant or provision hereof which under Article 9 cannot be modified or amended without the consent of the Holder of each outstanding Note affected; provided, however, provided that the Holders of a majority in aggregate principal amount of the then then-outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, and interest on or interest, if any, on, the Securities of such Series Notes (including in connection with an offer to purchaseAsset Sale Offer, a Change of Control Offer, or an Event of Loss Offer); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may may, on behalf of the Holders of all of the Securities of such Series Notes, waive any existing Default or Event of past Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium on, if any, and interest on the Securities of such Series or Additional Amounts, if any, on, any Note held by a non-consenting Holder (including which may be waived only as provided in connection with an offer to purchaseSection 9.02 hereof); provided, however, provided that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Allwyn Entertainment AG), Indenture (Allwyn Entertainment AG)
Waiver of Past Defaults. Prior to the acceleration of the maturity of the Securities, the Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Outstanding Securities of such Series waive any existing past Default or Event of Default and its consequences hereunderconsequences, except a continuing Default or Event of Default Default
(a) in the payment of the principal of, premium, if any, and or interest on any Security (which may only be waived with the consent of each Holder of Securities of such Series (including in connection with an offer to purchaseeffected); provided, however, that the Holders or
(b) in respect of a majority in aggregate principal amount covenant or a provision hereof which under this Indenture cannot be modified or amended without the consent of the then outstanding Securities Holder of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from each Security Outstanding affected by such accelerationmodification or amendment. Upon any such waiver, such Default default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Republic Services Inc), Indenture (Pioneer Hi Bred International Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and Special Interest, if any, or interest on the Securities of such Series on, any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); provided, howeversubject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Laureate Education, Inc.), Indenture (Laureate Education, Inc.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing past Default or Event of Default hereunder with respect to such Series and its consequences hereunderconsequences, except a continuing Default or Event of Default (a) in the payment of the principal of, premium, if any, and of or interest on the Securities any Security of such Series (including in connection with an offer to purchase); provided, however, that the Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each outstanding Security of such Series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Bryn Mawr Bank Corp), Indenture (Tivo Inc)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal ofprincipal, premium, if any, and or interest on the Securities of such Series any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Disposition Offer or a Change of Control Offer); providedand
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, howeverprovided that, that subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: First Supplemental Indenture (DIEBOLD NIXDORF, Inc), Senior Secured Notes Indenture (DIEBOLD NIXDORF, Inc)
Waiver of Past Defaults. Holders The Permitted Noteholders of not less than a majority in aggregate principal amount Series of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities Notes of such Series waive any existing Default or Event of Default and its consequences hereunderunder this Indenture, except a continuing Default or Event of Default in the payment of the interest, principal of, and premium, if any, and interest on the Securities any Note of such Series (including in connection with an offer to purchase)held by a non-consenting Holder; provided, howeverthat subject to Section 6.03 hereof, that the Holders Permitted Noteholders of a majority in aggregate principal amount Series of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequencesconsequences with respect to the Notes of such Series, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (American Airlines, Inc.), Indenture (Delta Air Lines, Inc.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and of or premium or interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, provided that the Holders of at least a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) and (ii) a default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Amf Bowling Worldwide Inc), Indenture (Amf Bowling Worldwide Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee with a copy to the Issuer may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on the Securities of such Series on, any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); provided, howeversubject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (West Corp), Indenture (West Corp)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunderunder this Indenture (including in connection with an Asset Sale Offer or a Change of Control Offer), except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an any acceleration and its consequencesconsequences with respect to the Notes, including any related payment default that resulted from such acceleration; provided such rescission would not conflict with any judgment of a court of competent jurisdiction. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Avantor, Inc.), Indenture (Avantor, Inc.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, and or interest on on, the Securities of such Series Notes (including excluding in connection with a Change of Control Offer or an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series series by written notice to the Trustee may waive on behalf of the Holders of all the Securities of such Series waive any existing series a past Default or Event of Default with respect to that series and its consequences hereunder, and may rescind and annul a declaration of acceleration with respect to that series except (i) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on the Securities any Security of such Series series or any coupon appertaining thereto or (including ii) in connection with an offer to purchase); provided, however, that the Holders respect of a majority in aggregate principal amount covenant or provision hereof which pursuant to Section 8.2 cannot be amended or modified without the consent of the then Holder of each outstanding Securities Security of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationseries adversely affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Northwest Airlines Inc /Mn), Indenture (Northwest Airlines Inc /Mn)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Securities of any Series may, by written notice to the Trustee may Trustee, on behalf of the Holders of all the Securities of such Series Notes waive any existing past Default or Event of Default hereunder and its consequences hereunderconsequences, except a continuing Default or Event of Default Default:
(a) in the payment of the principal of, (or premium, if any, and ) or interest on the Securities of such Series any Note (including in connection with any Note which is required to have been purchased pursuant to an offer to purchasepurchase that the Company is required to make under this Indenture); provided, however, that the Holders or
(b) in respect of a majority in aggregate principal amount Section of this Indenture which cannot be modified or amended without the consent of the then holder of each outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationNote affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but provided, however, no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Ziff Davis Intermediate Holdings Inc), Indenture (Etesting Labs Inc)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunderunder this Indenture and the Security Documents (including in connection with an Asset Sale Offer or a Change of Control Offer), except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, any Note held by a non-consenting Holder, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an any acceleration and its consequencesconsequences with respect to the Notes, including any related payment default that resulted from such acceleration; provided such rescission would not conflict with any judgment of a court of competent jurisdiction. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Avantor, Inc.), Indenture (Avantor, Inc.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except ; provided that Holders of not less than 90% of the aggregate principal amount of the then outstanding Notes shall be required to waive a continuing Default or Event of Default in the payment of the principal of, premium, Additional Amounts, if any, and or interest on on, the Securities of such Series Notes (including in connection with an offer to purchase); provided, howeverprovided further, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 2 contracts
Samples: Indenture (Melco Resorts & Entertainment LTD), Indenture (Melco Crown Entertainment LTD)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and premium or interest on the Securities of such Series Notes (including in connection with an offer to purchase); ) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes with written notice to the Trustee may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) in accordance with Section 6.2 hereof. Upon any such waiver, such Default shall cease to exist, 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 any right rights of the Trustee or the Holders consequent thereon.
Appears in 1 contract
Samples: Indenture (Kti Inc)
Waiver of Past Defaults. The Holders of not less than at least a majority in aggregate principal amount of the then outstanding Securities Notes (including pursuant to consents obtained pursuant to a purchase, tender or exchange offer of any Series Notes), by written notice to the Trustee Trustee, may on behalf of the Holders of all the Securities of such Series waive any an existing Default or Default, Event of Default or a Collateral Access Event and its consequences hereunderconsequences, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on the Securities any Note as specified in clause (a) or (b) of such Series Section 6.01 (including in connection with an offer Offer to purchase); provided, however, that the Holders Purchase) or in respect of a majority in aggregate principal amount covenant or provision of this Indenture or any Guarantee which cannot be modified or amended without the consent of the then Holder of each outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationNote affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default or Collateral Access Event arising therefrom shall be deemed to have been cured cured, for every purpose of this IndentureIndenture and the Guarantees; but no such waiver shall extend to any subsequent or other Default, Event of Default or Collateral Access Event or impair any right consequent thereonthereto.
Appears in 1 contract
Samples: Indenture (Kitty Hawk Inc)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal of, premium, if any, and or interest on the Securities of such Series any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Sale Offer or a Change of Control Offer); and
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, provided, howeverthat subject to Section 6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 1 contract
Samples: Senior Secured Notes Indenture (Lri Holdings, Inc.)
Waiver of Past Defaults. Subject to Section 6.7 hereof, Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Debentures by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Debentures waive any an existing Default or Event of Default and its consequences hereunder, except a continuing (i) an existing Default or Event of Default in the payment of the principal of, premium, if any, on, or interest and interest on Liquidated Damages, if any, on, the Securities of such Series Debentures (including in connection with an offer to purchase); provided, however, that the Holders ) or (ii) an existing Default or Event of Default in respect of a majority in aggregate principal amount provision that under Section 10.2 cannot be amended without the consent of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationeach Holder affected thereby. 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 any right consequent thereon.
Appears in 1 contract
Samples: Indenture (R&b Falcon Corp)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumor premium or interest, if any, and interest on on, the Securities of such Series Notes (including a payment default in connection with an offer Asset Sale Offer or Change of Control Offer) other than non-payment resulting from a declaration of acceleration pursuant to purchase); provided, however, Section 7.02 hereof that the Holders of a majority has been rescinded in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationaccordance with this Article Seven. 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 any right consequent thereon.
Appears in 1 contract
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the The Holders of a majority in aggregate principal amount of the then outstanding Securities applicable series of Notes by written notice to the Trustee may, on behalf of the Holders of all of the applicable series of Notes, waive any Series existing Default and its consequences hereunder, except:
(1) a continuing Default in the payment of the principal, premium, if any, or interest on any Note held by a non-consenting Holder; and
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, provided that, subject to Section 6.02, the Holders of a majority in principal amount of the then outstanding applicable series of Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 1 contract
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in in:
(a) the payment of the principal of, premiumor interest on, if any, and interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration, in accordance with Section 7.2;
(b) the conversion of any Note into shares of Common Stock in accordance with the provisions of such Note and this Indenture; or
(c) compliance with any of the provisions of this Indenture that would require the consent of the Holder of each outstanding Note affected thereby. 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 any right consequent thereon.
Appears in 1 contract
Samples: Indenture (Ciena Corp)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of a majority in aggregate principal - 85 - 99 amount of the Outstanding Securities or the Holders of all the Outstanding Securities of such Series waive any existing past Default or Event of Default hereunder and its consequences hereunderconsequences, except a continuing Default or Event of Default Default
(a) in the payment of the principal of, premium, if any, and or interest on any Security (which may only be waived with the consent of each Holder of Securities of such Series (including in connection with an offer to purchaseaffected); provided, however, that the Holders or
(b) in respect of a majority in aggregate principal amount covenant or a provision hereof which under this Indenture cannot be modified or amended without the consent of the then outstanding Securities Holder of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from each Security Outstanding affected by such accelerationmodification or amendment. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 1 contract
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then then-outstanding Securities of any Series Notes may, by written notice to the Trustee may and on behalf of the Holders of all of the Securities Notes, waive, rescind or cancel any declaration of such Series waive any an existing or past Default or Event of Default and its consequences hereunderunder this Indenture if such waiver, rescission or cancellation would not conflict with any judgment of a court of competent jurisdiction, except a continuing Default or Event of Default in the payment of interest on, or the principal of, premium, if any, and any Note held by a non-consenting holder (other than such nonpayment of principal or interest on the Securities that has become due as a result of such Series (including in connection with an offer to purchaseacceleration); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, rescission or cancellation, 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 any right consequent thereon.
Appears in 1 contract
Samples: Indenture (Viasat Inc)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except except:
(i) a continuing Default or Event of Default in the payment of the principal ofprincipal, premium, if any, and or interest on the Securities of such Series any Note held by a non-consenting Holder (including in connection with an offer to purchaseAsset Disposition Offer or a Change of Control Offer); providedand
(ii) a Default with respect to a provision that under Section 12.1 cannot be amended without the consent of each Holder affected, howeverprovided that, that subject to Section 5.1(c), the Holders of a majority in aggregate principal amount of the then then-outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 1 contract
Samples: Indenture (Auna S.A.)
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice Base Indenture shall not apply to the Trustee may on behalf Notes and shall be void and of no force and effect with respect to the Holders of all Notes; provided that the Securities foregoing shall not affect the validity or effect of such Section with respect to any other Series waive of Securities issued under the Indenture; and, insofar as relating to the Notes, any existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default references to Section 6.13 in the payment Base Indenture shall instead be deemed to refer to Section 7.05 of the principal of, premium, if any, and interest on the Securities of such Series (including in connection with an offer to purchase); provided, however, that the this Second Supplemental Indenture. The Holders of a majority in aggregate principal amount of the then outstanding Securities by notice to the Trustee may, on behalf of any Series may the Holders of all of the Securities, rescind an acceleration or waive any existing Default or Event of Default and its consequencesconsequences under the Indenture except a continuing Default or Event of Default in the payment of principal, including any related payment default that resulted from such accelerationinterest or premium. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Second Supplemental Indenture (Star Bulk Carriers Corp.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Securities of any Series by written notice to the Trustee may on behalf of the all Holders of all the Securities of such Series waive any existing Default or Event of Default and its consequences hereunder, except except:
(1) a continuing Default or Event of Default in the payment of the principal ofprincipal, premium, if any, and or interest on the Securities of such Series any Note held by a non-consenting Holder (including in connection with an offer to purchasea Change of Control Offer); providedand
(2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, howeverprovided that, that subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 1 contract
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Securities of such Series waive any existing Default or Event of Default under this Indenture, and its consequences hereunderconsequences, except in the case of (a) a continuing Default or Event of Default in the payment of the principal of, premiumor any premium or interest on, if any, and interest on any Note; or (b) a Default in respect of a covenant or provision that cannot be amended or modified without the Securities consent of such Series (including in connection with an offer to purchase)the affected Holders; provided, howeversubject to Section 6.2 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 1 contract
Samples: Indenture (CIFC Corp.)
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Securities of any Series by written notice to the Trustee may Outstanding Notes may, on behalf of the Holders of all of the Securities of such Series Notes, waive any existing Default or Event of Default past default hereunder and its consequences hereunderconsequences, except a continuing Default or Event of Default default
(1) in the payment of the principal of, of (or premium, if any, and ) or interest or any other amounts due on the Securities of any such Series Note (including in connection with any Note which is required to have been purchased pursuant to an offer Offer to purchase); provided, however, that Purchase which has been made by the Company) except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Securities Notes and a waiver of any Series may rescind an acceleration and its consequences, including any related the payment default that resulted from such acceleration, or
(2) in respect of a covenant or provision hereof which under Article Nine cannot be modified or amended without the consent of the Holder of each such Outstanding Note affected. Upon any such waiver, such Default default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon.
Appears in 1 contract
Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all the Outstanding Securities of such Series waive any existing past Default or Event of Default hereunder and its consequences hereunderconsequences, except a continuing Default or Event of except:
(a) an uncured Default in the payment of the principal of, premium, if any, and or interest on any Security (which may only be waived with the consent of each Holder of Securities of such Series (including in connection with an offer to purchaseeffected); provided, however, that the Holders or
(b) a Default in respect of a majority in aggregate principal amount covenant or a provision hereof which under this Indenture cannot be modified or amended without the consent of the then outstanding Securities Holder of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from each Outstanding Security affected by such accelerationmodification or amendment. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Exhibit (Brooks Pharmacy, Inc.)
Waiver of Past Defaults. The Holders of not less than a majority in of the sum of the aggregate principal amount of the then outstanding Outstanding Securities of plus any Series by written notice to the Trustee Cumulative Deferred Amount may on behalf of the Holders of all the Securities of such Series waive any Default or Events of Default existing hereunder and its consequences, except a Default or Event of Default and its consequences hereunder, except a continuing Default or Event Default:
(1) in respect of Default in the payment of the principal of, of the Outstanding Securities plus the Cumulative Deferred Amount plus the premium, if any, and or interest on the Securities sum of such Series any Security and Cumulative Deferred Amount, or
(including 2) in connection with an offer to purchase); provided, however, that the Holders respect of a majority in aggregate principal amount covenant or provision hereof which under Article Nine cannot be modified or amended without the consent of the then outstanding Securities Holder of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationeach Outstanding Security affected. Upon any such waiver, such Default default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured 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 thereon.
Appears in 1 contract
Waiver of Past Defaults. Holders of Subject to Sections 6.02, 6.07 and 9.01, Lenders holding not less than a majority in aggregate principal amount of the then outstanding Securities of any Series Senior Unsecured Obligations by written notice to the Trustee may Administrative Agent may, on behalf of the Holders of all the Securities of such Series Lenders, waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal of, premiumpremium and Additional Interest, if any, and or interest on on, the Securities of such Series Senior Unsecured Obligations (including in connection with an offer to purchase); provided, however, that the Holders prepay) or in respect of a majority in aggregate principal amount covenant or provision of this Agreement which cannot be modified or amended without the then outstanding Securities consent of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such accelerationeach Lender affected. 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 IndentureAgreement; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.
Appears in 1 contract
Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount at maturity of the then outstanding Securities of any Series Notes by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any an existing Default or Event of Default and its consequences hereunder, except a continuing Default or Event of Default in the payment of the principal ofprincipal, interest, premium, Additional Amounts and Additional Interest, if any, and interest any on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 any right consequent thereon.
Appears in 1 contract
Samples: Indenture (Inmarsat Holdings LTD)
Waiver of Past Defaults. Subject to Section 6.07 and 9.02 hereof, the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Securities of any Series by written notice to the Trustee may on behalf of the Holders of all of the Securities of such Series Notes waive any existing Default or Event of Default and its consequences hereunder, under this Indenture or the Collateral Documents except a continuing Default or Event of Default in the payment of interest on, or the principal of, premium, if any, and interest on the Securities of such Series Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. 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 thereon.
Appears in 1 contract
Samples: Indenture (APW Supermarkets, Inc.)