Common use of Waiver of Past Indenture Defaults Clause in Contracts

Waiver of Past Indenture Defaults. Upon written instructions from a Majority in Interest of Note Holders, the Indenture Trustee shall waive any past Indenture Default hereunder and its consequences and upon any such waiver such Indenture Default shall cease to exist and any Indenture 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 Indenture Default or impair any right consequent thereon; provided, however, that in the absence of written instructions from the Holders of all Equipment Notes then outstanding, the Indenture Trustee shall not waive any Indenture Default (i) in the payment of the Principal Amount of or interest on any Equipment Note then outstanding, or (ii) in respect of a covenant or provision hereof which, under Article IX hereof, cannot be modified or amended without the consent of each Note Holder.

Appears in 10 contracts

Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)

AutoNDA by SimpleDocs

Waiver of Past Indenture Defaults. Upon written instructions from a Majority in Interest of Note Holders, the Indenture Trustee shall waive any past Indenture Default hereunder and its consequences and upon any such waiver such Indenture Default shall cease to exist and any Indenture 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 Indenture Default or impair any right Trust Indenture 66 - 61 - consequent thereon; provided, however, that in the absence of written instructions from the Holders of all Equipment Notes then outstanding, the Indenture Trustee shall not waive any Indenture Default (i) in the payment of the Principal Amount of or interest on any Equipment Note then outstanding, or (ii) in respect of a covenant or provision hereof which, under Article IX hereof, cannot be modified or amended without the consent of each Note Holder.

Appears in 3 contracts

Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)

Waiver of Past Indenture Defaults. Upon written instructions from a Majority in Interest of Note Holders, the Indenture Trustee shall waive any past Indenture Default hereunder and its consequences and upon any such waiver such Indenture Default shall cease to exist and any Indenture 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 Indenture Default or impair any right consequent thereon; provided, however, that in the absence of written instructions from the Holders of all Equipment Notes then Trust Indenture outstanding, the Indenture Trustee shall not waive any Indenture Default (i) in the payment of the Principal Amount of or interest on any Equipment Note then outstanding, or (ii) in respect of a covenant or provision hereof which, under Article IX hereof, cannot be modified or amended without the consent of each Note Holder.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

Waiver of Past Indenture Defaults. Upon written instructions from a Majority in Interest of Note Holders, the Indenture Trustee shall waive any past Indenture Default hereunder and its consequences and upon any such waiver such Indenture Default shall cease to exist and any Indenture 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 Indenture Default or impair any right Trust Indenture consequent thereon; provided, however, that in the absence of written instructions from the Holders of all Equipment Notes then outstanding, the Indenture Trustee shall not waive any Indenture Default (i) in the payment of the Principal Amount of or interest on any Equipment Note then outstanding, or (ii) in respect of a covenant or provision hereof which, under Article IX hereof, cannot be modified or amended without the consent of each Note Holder.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

AutoNDA by SimpleDocs

Waiver of Past Indenture Defaults. Upon written instructions from a Majority in Interest of Note Holders, the Indenture Trustee shall waive any past Indenture Default hereunder and its consequences and upon any such waiver such Indenture Default shall cease to exist and any Indenture 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 Indenture Default or impair any right consequent thereon; provided, however, that in the absence of written instructions from the Holders of all Equipment Notes then outstanding, the Indenture Trustee shall not waive any Indenture Default (i) in the payment of the Principal Amount of or interest on any Equipment Note then outstanding, or (ii) in respect of a covenant or provision hereof which, under Article IX hereof, cannot be modified or amended without the consent of each Note Holder.Indenture

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

Waiver of Past Indenture Defaults. Upon written instructions from a Majority in Interest of Note Holders, the Indenture Trustee shall waive any past Indenture Default hereunder and its consequences and upon any such waiver such Indenture Default shall cease to exist and any Indenture 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 Indenture Default or impair any right consequent thereon; provided, however, that in the absence of written instructions from the Holders of all Equipment Notes then outstanding, the Indenture Trustee shall not waive any Indenture Default (i) in the payment of the Principal Amount of or interest Trust Indenture 66 - 61 - on any Equipment Note then outstanding, or (ii) in respect of a covenant or provision hereof which, under Article IX hereof, cannot be modified or amended without the consent of each Note Holder.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.