Waiver of Past Events Sample Clauses

Waiver of Past Events. If an Event of Default shall have occurred and be continuing, prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 10.2(a), the Required Noteholders may waive any past Default or Event of Default and its consequences except a Default in payment of principal of any of the Notes. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.
AutoNDA by SimpleDocs
Waiver of Past Events. Prior to the declaration of the acceleration of the maturity of each Series of Notes Outstanding as provided in Section 9.2 and subject to Section 13.2, the Control Party (at the direction of the Controlling Class Representative), by notice to the Trustee, each Rating Agency and the Servicer, may waive any existing Default or Event of Default described in any clause of Section 9.2 (except Section 9.2(d)) and its consequences; provided that, before any waiver may be effective, the Trustee and the Servicer must have received any reimbursement then due or payable in respect of unreimbursed Advances (including interest thereon) or any other amounts then due to the Servicer or the Trustee hereunder or under the other Transaction Documents; provided, further, that the Control Party shall provide written notice of any such waiver to each Rating Agency (with a copy to the Servicer). 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 the Indenture, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. A Default or an Event of Default described in Section 9.2(d) shall not be subject to waiver without the consent of the Control Party (acting at the direction of the Controlling Class Representative) and each Noteholder. Subject to Section 13.2, the Control Party (with the consent of the Controlling Class Representative), by notice to the Trustee, each Rating Agency and the Servicer, may waive any existing Potential Rapid Amortization Event or any existing Rapid Amortization Event; provided that a Rapid Amortization Event pursuant to clause (d) of Section 9.1 relating to a particular Series of Notes (or Class thereof) shall not be permitted to be waived by any party unless each affected Noteholder has consented to such waiver.
Waiver of Past Events. With respect to any existing Potential Amortization Event or Amortization Event described in Section 9.1(c), any such Potential Amortization Event or Amortization Event (and, in any such case, any consequences thereof) with respect to such Series of Group II Notes may be waived as set forth in the related Group II Series Supplement. Upon any such waiver, such Potential Amortization Event shall cease to exist with respect to such Series of Group II Notes, and any Amortization Event with respect to such Series of Group II Notes arising therefrom shall be deemed to have been cured for every purpose of the Group II Indenture and related Group II Series Supplement, but no such waiver shall extend to any subsequent or other Potential Amortization Event or Amortization Event or impair any right consequent thereon. With respect to any existing Potential Amortization Event or Amortization Event described in Section 9.1(a) or (b), any such Potential Amortization Event or Amortization Event (and, in any such case, the consequences thereof) with respect to the Group II Notes shall only be waived with the written consent of each Group II Noteholder. Upon any such waiver, such Potential Amortization Event shall cease to exist with respect to each Series of Group II Notes, and any Amortization Event with respect to each Series of Group II Notes arising therefrom shall be deemed to have been cured for every purpose of the Group II Indenture and each Group II Series Supplement, but no such waiver shall extend to any subsequent or other Potential Amortization Event or Amortization Event or impair any right consequent thereon. The Trustee shall provide notice to each Rating Agency of any waiver by the Group II Noteholders of any Series of Group II Notes pursuant to this Section 9.4.
Waiver of Past Events. Subject to Section 11.2 of the Base Indenture, Series 2000-1 Noteholders holding 100% of the Series 2000-1 Invested Amount, by written notice to the Trustee, may waive any existing Potential Amortization Event or Amortization Event.
Waiver of Past Events. Subject to Section 12.2 hereof, the Noteholders of any Series owning an aggregate principal amount of Notes in excess of 66-2/3% of the aggregate principal amount of the Outstanding Notes of such Series, by notice to the Trustee, may waive any existing Potential Amortization Event or Amortization Event related to clauses (a), (b), (c), (e)(ii), (i) and (j) of Section 9.1 which relate to such Series and its consequences except a continuing Potential Amortization Event or Amortization Event in the payment of the principal of or interest on any Note. Upon any such waiver, such Potential Amortization Event shall cease to exist with respect to such Series, and any Amortization Event with respect to 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 Potential Amortization Event or impair any right consequent thereon. A Potential Amortization Event or an Amortization Event related to clauses (d), (e)(i), (f), (g), or (h) of Section 9.1 shall not be subject to waiver.
Waiver of Past Events. Unless otherwise specified in the Series Supplement for a Series, the Noteholders of any Series owning an aggregate principal amount of Notes in excess of 66-2/3% of the aggregate principal amount of the Outstanding Notes of such Series (excluding any Notes held by the Issuer or any Affiliate of the Issuer (other than an Affiliate Issuer)), by written notice to the Trustee, may waive any existing Potential Amortization Event or Amortization Event described in clause (f) of Section 9.1 (solely to the extent that the applicable Series Supplement does not require 100% of the applicable Noteholders to waive such Potential Amortization Event or Amortization Event) which relate to such Series and its consequences. 100% of the Noteholders may waive any Potential Amortization Event or an Amortization Event described in clause (a), (c) or (f) of Section 9.1 (with respect to clause (f), solely to the extent that the applicable Series Supplement requires 100% of the applicable Noteholders to waive such Potential Amortization Event or Amortization Event); provided that notice of such waiver is provided to the Rating Agencies. Upon any such waiver pursuant to either of the two preceding sentences, such Potential Amortization Event shall cease to exist with respect to such Series, and any Amortization Event with respect to such Series arising therefrom shall be deemed to have been cured for every purpose of the Indenture; but no such waiver shall extend to any subsequent or other Potential Amortization Event or impair any right consequent thereon.
Waiver of Past Events. Subject to Section 11.2 of the Base Indenture, Series 2006-1 Noteholders holding 100% of the Aggregate Invested Amount of such Series and the Series 2006-1 Insurer may, by written notice to the Trustee, waive any existing Potential Amortization Event or Amortization Event. In accordance with Section 8.8 of this Supplement, the Trustee shall promptly notify each Rating Agency upon any such waiver of a Potential Amortization Event or Amortization Event.
AutoNDA by SimpleDocs
Waiver of Past Events. Subject to Section 11.2 of the Base Indenture, Series 2010-1 Noteholders holding 100% of the Series 2010-1 Invested Amount, by written notice to the Trustee, may waive any existing Potential Amortization Event or Amortization Event; provided, however, that notwithstanding the foregoing, Series 2010-1 Noteholders holding 66 2/3% of the Series 2010-1 Invested Amount, by written notice to the Trustee may waive an Amortization Event described in clause (i), (p) or (q) of Section 5.1 of this Supplement (other than, in the case of clause (p), with respect to any agreement, covenant or provision in the Series 2010-1 Notes, the Indenture, this Supplement or any other Related Document the amendment or modification of which requires the consent of a greater percentage of Noteholders or which otherwise prohibits RCFC from taking action without the consent of such greater percentage, in which case such Amortization Event may be waived by such percentage of Series 2010-1 Noteholders).
Waiver of Past Events. Subject to Section 12.2 hereof, the Required Subordinated Noteholders, by notice to the Collateral Agent and the Indenture Trustee, may waive, if consented to by each Swap Counterparty, any existing Potential Event of Default or Event of Default other than any Potential Event of Default or Event of Default related to clause (f) or (m) of Section 9.1 which relate to such Series and its consequences and except for a continuing Potential Event of Default or Event of Default in the payment of the principal of or interest on any Subordinated Note. Upon any such waiver, such Potential Event of Default shall cease to exist with respect to such Series, and any Event of Default with respect to 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 Potential Event of Default or impair any right consequent thereon.
Waiver of Past Events. Subject to Section 11.2 of the Base Indenture, Series 2011-2 Noteholders holding 100% of the Series 2011-2 Invested Amount may, by written notice to the Trustee, waive any existing Potential Amortization Event or Amortization Event; provided, however, that notwithstanding the foregoing, the Series 2011-2 Noteholders holding 66-2/3% of the Series 2011-2 Invested Amount may, by written notice to the Trustee, waive an Amortization Event described in Section 5.1(o) or Section 5.1(p) or a Potential Amortization Event relating thereto (other than, in the case of Section 5.1(o), with respect to any agreement, covenant or provision in the Series 2011-2 Notes, the Indenture or any other Related Document the amendment or modification of which requires the consent of a greater percentage of Noteholders, or of each affected Noteholder, or which otherwise prohibits the Issuer from taking action without the consent of such greater percentage of Noteholders and/or of each affected Noteholder, as the case may be, in which case such Amortization Event under Section 5.1(o) above may be waived by such requisite Series 2011-2 Noteholders). A Limited Liquidation Event of Default or potential Limited Liquidation Event of Default may be waived at any time by the Series 2011-2 Required Noteholders.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!