Common use of Waivers of Events of Default Clause in Contracts

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 5 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

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Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive by written waiver any event Event of default Default hereunder and its the consequences and rescind any declaration of maturity such an Event of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; Default provided, however, that there shall not be waived waived: (ai) any event Event of default Default in the payment of the principal of any outstanding Bonds this Loan Agreement at the date of maturity when due as specified therein, herein; or (bii) any default in the payment when due of the interest on any such Bonds this Loan Agreement, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred this Loan Agreement on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee Finance Authority or the Trustee, in connection with such default Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such default Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuercase, the Trustee Finance Authority and the Bondholders Trustee shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other defaultEvent of Default, or impair any right consequent thereon.

Appears in 5 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon. In taking any actions hereunder, the Trustee shall be entitled to indemnity satisfactory to it from the holders of the Bonds.

Appears in 4 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

Waivers of Events of Default. The To the extent not precluded by law, the Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bondsprincipal, and shall do so upon the written request of the holders of (1) of not less than a majority in aggregate principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultoutstanding; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal or premium, if any, of any outstanding Bonds at the date of maturity specified therein, therein or the date fixed for redemption thereof or (b) any default Event of Default in the payment when due of the interest on any such Bonds Bonds, unless prior to such waiver or rescission, all arrears of interest, or all arrears of payment of principal then due, as the case may be, together with interest on overdue principal (to the extent permitted by law) at the rate of interest borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may berespective Bonds, and all expenses Administration Expenses of the Trustee in connection with such default Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other defaultEvent of Default, or impair any right consequent thereon.

Appears in 3 contracts

Samples: Trust Indenture (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC)

Waivers of Events of Default. The Trustee may in its discretion shall waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest interest, if any, on the Bonds, and shall do so but only upon the written request of the holders of (1) Owners of at least 50% in aggregate principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or premiumthen-Outstanding, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that (a) there shall not be waived without the consent of the City an Event of Default hereunder arising from an Event of Default under Section 12.1(a) (abut only as it relates to Additional Rent), (b) (but only as it relates to Unassigned Rights), (c) or (d) of the Lease, and (b) there shall not be waived without the consent of the Owners of all the Bonds Outstanding (1) any event Event of default Default in the payment of the principal of any outstanding Outstanding Bonds when due (whether at the date of maturity or redemption specified therein), or (b2) any default Event of Default in the payment when due of the interest on any such Bonds Bonds, unless prior to before such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all reasonable expenses of the Trustee and the City (including reasonable attorneys’ fees and expenses), in connection with such default shall default, have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have has been discontinued or abandoned or determined adversely, then and in every such case the IssuerCity, the Developer, the Trustee and the Bondholders Owners shall be restored to their former positions positions, rights and rights obligations hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereonthereon and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Memorandum of Lease Agreement

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.. (End of Article VII)

Appears in 3 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

Waivers of Events of Default. The Trustee may in its discretion shall waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity acceleration of principal of and interest on the BondsNotes, and shall do so upon the written request of the holders of (1) all Noteholders of at least a majority of the Bonds then outstanding in respect Outstanding Amount of which default in the payment of principal and/or premium, if any, and/or interest existsHighest Priority Notes, or (2with respect to an Event of Default, or resulting declaration of acceleration, based solely upon Section 6.01(c) all Bonds then outstanding in hereof, a majority of the case Outstanding Amount of any other defaulteach Class of Notes; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of any outstanding Bonds Outstanding Notes at the date of maturity specified thereinthereof, or (b) any default in the payment when due of the interest on any such Bonds Notes, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premiumall fees, if any, when due, as the case may be, expenses and all expenses indemnification of the Trustee Trustee, in connection with such default shall have been paid or provided for, ; or (b) any default in the payment of amounts set forth in Sections 7.05 and in 7.07 hereof. In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adverselyadversely to the Trustee, then and in every such case the IssuerAuthority, the Trustee and the Bondholders Noteholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to or affect any subsequent or other default, or impair any right rights or remedies consequent thereon. The Trustee shall give written notice to each Rating Agency of any waiver of an Event of Default pursuant to this Section.

Appears in 3 contracts

Samples: Indenture of Trust, Indenture of Trust, Indenture of Trust

Waivers of Events of Default. The At the direction of the Requisite Bondholders, the Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of Bondholders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon. The provisions of this Section 7.9 are expressly subject to and limited by the last sentence of Section 7.1 hereof.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

Waivers of Events of Default. The So long as no Event of Default has occurred and is then continuing under Section 6.01(b) hereof, the Trustee may in its discretion shall waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of of, premium, if any, and interest on the BondsBonds only upon the written direction of the Credit Facility Provider. If there shall have occurred and is then continuing an Event of Default under Section 6.01(b) hereof, the Trustee shall waive any Event of Default hereunder and its consequences and rescind any declaration of maturity of principal of, premium, if any, and shall do so interest on the Bonds only upon the written request of the holders of (1) all Holders of 100% of the Bonds then outstanding in Outstanding with respect of to which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other there is a default; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of any outstanding Bonds (other than Purchased Bonds) at the date of maturity specified therein, or upon proceedings for mandatory redemption or in the Purchase Price of any Bonds (other than Purchased Bonds), (b) any default in the payment when due of the interest or premium on any such Bonds (other than Purchased Bonds), unless prior to such waiver or rescission, rescission all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and or premium, if any, when due, due (whether at the stated maturity thereof or upon proceedings for mandatory redemption) as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee Trustee, the Credit Facility Provider and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereonthereto.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the BondsExpenditure Agreement, and shall do so upon the written request of the holders of of (1) all the Bonds Expenditure Agreement then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or or interest exists, or (2) all Bonds Expenditure Agreement then outstanding in the case of any other default; provided, however, that there shall not be waived without the consent of all Expenditure Agreement Owners (a) any event of default in the payment of the principal of any outstanding Bonds Expenditure Agreement at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds Expenditure Agreement unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds Expenditure Agreement in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default (including extraordinary services) shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders Expenditure Agreement Owners shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

Waivers of Events of Default. The Trustee may in its discretion Trustee, with the prior written consent of the Bank, shall waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so Bonds upon the written request of the holders of (1) of a majority of the aggregate principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultOutstanding; provided, however, that there shall not be waived (aA) any event of default in the payment of the principal of any outstanding Bonds Outstanding Bond at the date of maturity specified therein, or upon proceedings for mandatory redemption, (bB) any Event of Default requiring a draw under the Letter of Credit unless the Trustee shall have received written notice from the Bank that the Letter of Credit has been reinstated to its full stated amount, if there has been a reduction thereon, or (C) any default in the payment when due of the interest or premium on any such Bonds Bonds, unless prior to such waiver or rescission, rescission all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, due (whether at the stated maturity thereof or upon proceedings for redemption) as the case may be, shall have been paid or provided for, and no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereto. The Trustee shall not grant any waiver or rescission hereunder unless all ordinary and extraordinary fees and expenses of the Trustee Trustee, including, but not limited to, reasonable attorneys' fees, incurred in connection with such said default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then then, and in every such case case, the Issuer, the Trustee Trustee, the Bank and the Bondholders Bondholders, respectively, shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 2 contracts

Samples: Trust Indenture (Plug Power Inc), Trust Indenture (Mechanical Technology Inc)

Waivers of Events of Default. The Trustee may in its discretion waive any Event of Default that has been remedied and any Event of Default (and its consequences) relating to a default in the performance or observance of any covenant, agreement or condition contained in the Indenture, or a breach of a representation or warranty made by the Issuer in the Indenture or in any certificate or report furnished under the Indenture, or the occurrence of any "event of default hereunder default" under the contracts and its consequences related documents governing the transfer and rescind servicing of the Loans and other matters relating to the issuance of the Notes. The Trustee may waive any declaration other Event of maturity of principal of Default that has occurred and interest on the Bonds, and shall do so is continuing only upon the written request of the holders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultRequired Noteholders; provided, however, that there shall not be waived (ax) any event Event of default Default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, Notes when due or (by) any default in the payment when due of the interest on any such Bonds unless Notes unless, prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as with interest on overdue principal and, to the case may beextent permitted by applicable law, interest at the Default Rate, and all expenses of the Trustee in connection with such default Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding proceedings taken by the Trustee on account of any such default Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders Noteholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, Event of Default or impair any right consequent thereon. Any waivers made by the Trustee pursuant to this Section shall be in writing and shall specify the nature of the Event of Default and the effective date of the waiver and the Trustee shall send a copy of all such waivers to the Noteholders and the Rating Agency.

Appears in 2 contracts

Samples: Trust Indenture (PMC Capital Inc), Trust Indenture (PMC Capital Inc)

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder and its consequences or any action taken pursuant to any Event of Default and rescind any declaration acceleration of maturity of principal of and interest on the Bonds, and shall do so upon at the written request of the holders of Holders of (1a) all the a majority in aggregate principal amount of Senior Bonds then outstanding Outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2b) all a majority in aggregate principal amount of Senior Bonds then outstanding Outstanding in the case of any other default; provided, however, that that: (1) there shall not be waived without the consent of the Holders of all Senior Bonds then Outstanding (aA) any event Event of default Default in the payment of the principal of any outstanding Outstanding Bonds (whether at the date of maturity specified thereinor by sinking fund redemption), or (bB) any default in the payment when due of the interest on any such Bonds unless unless, prior to such waiver or rescission, , (i) there shall have been paid or provided for all arrears of interest with interest, with interest (to the extent permitted by law) , at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or interest, all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided fordefault, and and (ii) in case of any such waiver or rescission, rescission or in the case of any discontinuance, abandonment or adverse determination of any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuerdefault, the Trustee Authority, the Trustee, and the Bondholders Holders of Bonds shall be restored to their former positions and rights hereunderhereunder respectively; and (2) no acceleration of maturity under Section 8.04 made at the request of the Holders of 25% in aggregate principal amount of Senior Bonds (or if no Senior Bonds is then Outstanding, respectivelyof Senior Subordinate Bonds) then Outstanding shall be rescinded unless requested by the Holders of at least 25% in aggregate principal amount of Senior Bonds (or if no Senior Bonds are then Outstanding, but no of Senior Subordinate Bonds) then Outstanding. No such waiver or rescission relating to the Bonds shall extend to any subsequent or other default, default or impair any right consequent thereon.

Appears in 2 contracts

Samples: Master Agreement of Trust, Master Agreement of Trust

Waivers of Events of Default. The To the extent not precluded by law, the Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bondsprincipal, and shall do so upon the written request of the holders of (1) of not less than a majority in aggregate principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultoutstanding; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal or premium, if any, of any outstanding Bonds at the date of maturity specified therein, therein or the date fixed for redemption thereof or (b) any default Event of Default in the payment when due of the interest on any such Bonds Bonds, unless prior to such waiver or rescission, all arrears of interest, or all arrears of payment of principal then due, as the case may be, together with interest on overdue principal (to the extent permitted by law) at the rate of interest borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may berespective Bonds, and all expenses Administration Expenses of the Trustee in connection with such default Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case the IssuerAuthority, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other defaultEvent of Default, or impair any right consequent thereon.

Appears in 2 contracts

Samples: Trust Indenture (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC)

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bondsprincipal, and shall do so upon the written request of the holders of of (1a) all the not less than two-thirds in aggregate principal amount of Bonds then outstanding Outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2b) more than 50% in aggregate principal amount of all Bonds then outstanding Outstanding in the case of any other default; provided, however, that there shall not be waived or rescinded (a1) any event Event of default Default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, then Outstanding when due or (b2) any default in the payment when due of the interest on any such Bonds unless Bonds, unless, prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate per annum borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or interest, all arrears of payments of principal and premiumprincipal, if anywith interest (to the extent permitted by law) at the rate per annum borne by the Bonds, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in the case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon. The provisions of this Section 8.12 are subject to the condition that any waiver of any "Default" under the First Mortgage Bonds Indenture and a rescission and annulment of its consequences shall constitute a waiver of the corresponding Event or Events of Default under Section 8.01(c) hereof and a rescission and annulment of the consequences thereof, but no such waiver, rescission and annulment shall extend to or affect any subsequent Event of Default or impair any right or remedy consequent thereon.

Appears in 2 contracts

Samples: Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Arkansas Inc)

Waivers of Events of Default. The Indenture Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity acceleration of principal of and interest on the BondsObligations, and shall do so upon the written request of the holders of (1) all Registered Owners of at least a majority of the Bonds principal amount of the Highest Priority Obligations then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultOutstanding; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of or premium on any outstanding Bonds Outstanding Obligations at the date of maturity specified thereinor redemption thereof, or (b) any default in the payment when due of the interest on any such Bonds Obligations, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all fees, expenses of the Trustee Indenture Trustee, in connection with such default shall have been paid or provided for, and for or (b) any default in the payment of amounts set forth in Section 7.05 hereof. In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Indenture Trustee on account of any such default shall have been discontinued or abandoned or determined adverselyadversely to the Indenture Trustee, then and in every such case the Issuer, the Indenture Trustee and the Bondholders Registered Owners of Obligations shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to or affect any subsequent or other default, or impair any right rights or remedies consequent thereon.

Appears in 2 contracts

Samples: Indenture of Trust (Nelnet Inc), Indenture of Trust (Nelnet Education Loan Funding Inc)

Waivers of Events of Default. The Trustee may in at its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bondsconsequences, and shall do so upon the written request of the holders of Owners of (1i) all more than two-thirds of the Bonds then outstanding Outstanding in respect of which default in the payment of principal and/or premiumor interest, if anyor both, and/or interest exists, or (2ii) all more than 50% of the Bonds then outstanding Outstanding in the case of any other default; provided, however, that there shall not be waived waived (a) any event Event of default Default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless unless, prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, with interest on overdue principal at the rate borne by the Bonds, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding proceedings taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders Owners shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 2 contracts

Samples: Trust Indenture, Bond Indenture and Security Agreement

Waivers of Events of Default. The Trustee Bondholder may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premiumits consequences, if any, and/or interest exists, or (2) all Bonds then outstanding in the case such event of default has been cured and there is no longer continuing any other defaultdefault hereunder; provided, however, that there shall not be waived (ai) any event of default in pertaining to the payment of the principal of any outstanding Bonds Bond at the its maturity date of maturity specified thereinor any prepayment date prior to maturity, or (bii) any event of default in pertaining to the payment when due of the interest on any such Bonds Bond, unless prior to such waiver or rescission, all arrears of principal (due otherwise than by declaration) and interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of principal and interest or and all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee Bondholder in connection with such default event of default, shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee Bondholder on account of any such event of default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee Issuer and the Bondholders Bondholder shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other event of default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Financing Agreement (Fox Factory Holding Corp)

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) the holders of all of the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or or interest exists, or (2) all Bonds then outstanding the Requisite Bondholders in the case of any other default; provided, however, that there shall not be waived without the consent of all Bondholders (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bondsprincipal, and shall do so upon the written request of the holders of of (1a) all the not less than two-thirds in aggregate principal amount of Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2b) more than 50% in aggregate principal amount of all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived (ai) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, when due or (bii) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in the case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (Gulf Power Co)

Waivers of Events of Default. The Trustee may in its discretion shall waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so same upon the written request of the holders of (1) all the Bonds then outstanding of at least a majority in respect aggregate principal amount of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultoutstanding; provided, however, that there shall not be waived without the consent of the holders of all of the Bonds outstanding (a) any event Event of default Default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, therein or in the Indenture or (b) any default in the payment when due of the interest on any such Bonds unless unless, prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may beinterest, and all expenses fees and expenses, including those of its attorneys, of the Trustee in connection with such default shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Company, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon. INDENTURE OF TRUST - Page 34.

Appears in 1 contract

Samples: Indenture of Trust (Enron Corp/Or/)

Waivers of Events of Default. The Trustee Trustee, with the written consent of the Bank (if there is a Letter of Credit in effect), may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and premium, if any, and interest on the BondsBonds and the Installment Sale Payments, and shall do so so, with the written consent of the Bank (if there is a Letter of Credit in effect), upon the written request of the holders of of (1a) all the a majority in aggregate principal amount of Bonds then outstanding Outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2b) all a majority in aggregate principal amount of Bonds then outstanding Outstanding in the case of any other default; provided, however, that that: (i) there shall not be waived without the consent of the holders of all Bonds then Outstanding: (aA) any event of default in the payment of the principal of or premium, if any, on any outstanding Outstanding Bonds when due (whether at the date of maturity specified therein, or by mandatory or optional redemption); or (bB) any default in the payment when due of the interest on any such Bonds unless unless, in either case, prior to such waiver or rescission, rescission (1) there shall have been paid or provided for all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or principal, all arrears of payments of principal and premium, if any, when due, as the case may be, due and all reasonable expenses of the Trustee in connection with such default shall have been paid or provided fordefault, and (2) in case of any such waiver or rescission, or in case of the discontinuance, abandonment or adverse determination of any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuerdefault, the Trustee and the Bondholders shall be restored to their respective former positions and rights hereunder; (ii) no declaration of maturity under Section 8.02 made at the request of the holders of not less than 25% in aggregate principal amount of Bonds Outstanding shall be rescinded unless requested by the holders of a majority in aggregate principal amount of Bonds Outstanding; and (iii) unless the Trustee has been notified by the Bank in writing that the Letter of Credit is reinstated in full as to principal, respectivelyinterest and premium, but if any (if the Letter of Credit covers payment of premium) and that the Bank has rescinded or withdrawn the written notice referred to in Section 8.01(d), there shall be no waiver or rescission so long as the Letter of Credit is in effect. No such waiver or rescission shall extend to any subsequent or other default, default or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (Wca Waste Corp)

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of of (1) a majority in principal amount of all the Bonds then outstanding in respect of which a default in as to the payment of principal and/or premium, if any, and/or interest exists, or (2) a majority in principal amount of all Bonds then outstanding in the case of any other event of default; provided, however, that there shall not be waived (a) any event of default in pertaining to the payment of the principal of any outstanding Bonds Bond at the its maturity date of or redemption date prior to maturity specified therein, (including any mandatory sinking fund redemption date) or (b) any event of default in pertaining to the payment when due of the interest on any such Bonds Bond, unless prior to such waiver or rescission, all arrears of principal (due otherwise than by declaration) and interest, . with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such event of default shall have occurred on overdue installments of interest or interest, and all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default event of default, shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such event of default shall have been discontinued or abandoned or determined adversely, then and in every such case the IssuerCounty, the Trustee and the Bondholders bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other event of default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Mortgage and Indenture of Trust (Toms Foods Inc)

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration acceleration of maturity of principal of and interest on the Bondsprincipal, and shall do so upon the written request of the holders of of (1a) not less than two-thirds in principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2b) more than one- half in principal amount of all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived (ai) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, therein or (bii) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case cases of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the IssuerCounty, the Trustee and the Bondholders bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (Mississippi Power & Light Co)

Waivers of Events of Default. The Indenture Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity acceleration of principal of and interest on the BondsObligations, and shall do so upon the written request of the holders of (1) all Noteholders of at least a majority of the Bonds principal amount of the Highest Priority Obligations then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultOutstanding; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of or premium on any outstanding Bonds Outstanding Obligations at the date of maturity specified thereinor redemption thereof, or (b) any default in the payment when due of the interest on any such Bonds Obligations, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee Indenture Trustee, in connection with such default shall have been paid or provided for, and for or (b) any default in the payment of amounts set forth in Section 6.5. In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Indenture Trustee on account of any such default shall have been discontinued or abandoned or determined adverselyadversely to the Indenture Trustee, then and in every such case the Issuer, the Indenture Trustee and the Bondholders holders of Obligations shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to or affect any subsequent or other default, or impair any right rights or remedies consequent thereon.

Appears in 1 contract

Samples: Indenture of Trust (Education Capital I LLC)

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bondsprincipal, and shall do so upon the written request of the holders of of (1a) all the not less than two-thirds in aggregate principal amount of Bonds then outstanding Outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2b) more than 50% in aggregate principal amount of all Bonds then outstanding Outstanding in the case of any other default; provided, however, that there shall not be waived (a1) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, when due or (b2) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in the case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Waivers of Events of Default. (i) The Trustee may waive, and (ii) upon the written direction of (x) the Holders of a majority of the Principal amount of the Outstanding Bonds, (y) Security Instrument Issuers at the time providing Security Instruments which are in its discretion waive full force and effect and not in default on any event payment obligation and which secure a majority in aggregate Principal amount of default the Bonds then Outstanding, or (z) any combination of Bondholders and Security Instrument Issuers described under clauses (x) and (y) representing a majority in aggregate Principal amount of the Bonds at the time Outstanding, shall waive, any Event of Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultconsequences; provided, however, that (x) there shall not be waived (aany Event of Default specified in Section 9.01(a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (bSection 9.01(b) any default in the payment when due of the interest on any such Bonds hereof unless prior to such waiver or rescission, arrears the City shall have caused to be deposited with the Trustee a sum sufficient to pay all matured installments of interest, interest upon all Bonds and the Principal of any and all Bonds which shall have become due (with interest (upon such Principal and, to the extent permitted permissible by law) at the rate borne by the Bonds in respect of which such default shall have occurred , on overdue installments of interest or all arrears interest, at the rate per annum specified in the Bonds) and (y) no Event of payments of principal and premium, if any, when due, Default shall be waived unless (in addition to the applicable conditions as the case may be, and all expenses of the Trustee in connection with such default aforesaid) there shall have been paid or provided for, deposited with the Trustee such amounts as shall be sufficient to cover reasonable compensation and in case reimbursement of any expenses payable to the Trustee. No such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to or shall affect any subsequent default or other default, Event of Default or shall impair any remedy, right or power consequent thereon.

Appears in 1 contract

Samples: Master Trust Indenture

Waivers of Events of Default. The Trustee may in its discretion shall waive any event of default Default hereunder and its consequences and rescind any declaration of maturity acceleration of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) Holders of at least a majority in aggregate principal amount of all of the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultOutstanding 2014A Bonds; provided, however, and provided that there shall not be waived any Default specified in subsection (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds Section 7.01 hereof unless prior to such waiver or rescission, the Issuer shall have caused to be paid to the Trustee (i) all arrears of interestprincipal and interest (other than principal of or interest on the Series of 2014A Bonds which became due and payable by declaration of acceleration), with interest (at the rate then borne by the 2014A Bonds on overdue installments, to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and (ii) all outstanding fees and expenses of the Trustee (including reasonable attorneys’ fees, costs and expenses) in connection with such default shall have been paid or provided for, and in Default. In case of any such waiver or rescissionrescission described above, or in case any proceeding taken by the Trustee on account of any such default Default shall have been discontinued or abandoned concluded or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders Owners of 2014A Bonds shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other defaultDefault, or impair any right consequent thereon.thereon.‌

Appears in 1 contract

Samples: Trust Indenture

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Waivers of Events of Default. The Trustee may in its discretion shall waive any event Event of default hereunder Default and its consequences and rescind any declaration acceleration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of Bondholders owning at least 51% in aggregate principal amount of the holders of (1) all the Parity Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultOutstanding; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of any outstanding Bonds at the date of maturity specified thereinLease Payments unless, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or waiver, rescission, arrears or the discontinuance, abandonment, or adverse determination of interest, with interest (to the extent permitted by law) at the rate borne any proceeding taken by the Bonds in respect Trustee on account of which any such default shall have occurred on overdue installments Event of interest or Default, all arrears of payments of principal and premium, if any, when due, as the case may beLease Payments, and all expenses of the Trustee in connection with such default Event of Default shall have been paid or provided for, and in . In case of any such waiver or rescission, rescission or in case any proceeding taken by the Trustee on account of any such default Event of Default shall have been discontinued or abandoned or determined adverselyadversely to the Trustee, then and in every such case the IssuerCorporation, the Trustee City, the Trustee, and the Bondholders shall be restored to their former positions and rights hereunderhereunder and under the Lease Agreement, respectively, but no such waiver or rescission shall extend to any subsequent or other default, Events of Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Agreement

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration acceleration of maturity of principal of and interest on the Bondsprincipal, and shall do so upon the written request of the holders of Owners of (1a) not less than two-thirds in principal amount of all the Bonds then outstanding Outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2b) more than one-half in principal amount of all Bonds then outstanding Outstanding in the case of any other default; provided, however, that there shall not be waived (ai) any event Event of default Default in the payment of the principal of any outstanding Outstanding Bonds at the date of maturity specified therein, therein or (bii) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case cases of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders Owners of the Bonds shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder (other than an Event of Default described in Section 6.01(d) hereof) and its consequences and rescind any declaration of maturity acceleration of principal of and interest on the BondsNotes, and shall do so upon the written request of the holders of (1) all Registered Owners of at least a majority of the Bonds aggregate principal amount of the Notes then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultOutstanding; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of or premium, if any, on any outstanding Bonds Outstanding Notes at the date of maturity specified thereinMaturity or redemption thereof, or (b) any default in the payment when due of the interest on any such Bonds Notes, unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted all payments required by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall Section 6.09 hereof have been paid or provided for, for or (b) any default in the payment of amounts set forth in Sections 7.05 and in 7.07 hereof. In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adverselyadversely to the Trustee, then and in every such case the IssuerCorporation, the Trustee and the Bondholders Registered Owners of Notes shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to or affect any subsequent or other default, or impair any right rights or remedies consequent thereon. The Trustee shall promptly give written notice to each Rating Agency of any waiver of an Event of Default pursuant to this Section.

Appears in 1 contract

Samples: Indenture of Trust

Waivers of Events of Default. The Trustee may in its discretion shall waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so Bonds upon the written request of the holders of of (1) a majority in aggregate principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) a majority in aggregate principal amount of all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived without the consent of the holders of all the Bonds outstanding (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, therein or (b) any default in the payment when due of the interest on any such Bonds unless unless, prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) on overdue of installments of interest at the rate borne by the Bonds Base Rate, in respect of which such default shall have occurred on overdue installments of interest occurred, or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (Conrad Industries Inc)

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bondsconsequences, and notwithstanding anything else to the contrary contained in this Indenture shall do so upon the written request of the holders of (1) owners of a majority in aggregate principal amount of all the Bonds Certificates then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultOutstanding; provided, however, that there shall not be waived without the consent of the owners of 100% of the Certificates then Outstanding as to which the Event of Default exists (a) any event Event of default Default in the payment of the principal of or premium, if any, on any outstanding Bonds Outstanding Certificates at the date of maturity specified therein, or (b) any default Event of Default in the payment when due of the interest on any such Bonds Certificates, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or and all arrears of payments of principal and premium, if any, when then due, as the case may be, and all expenses of the Trustee in connection with such default Event of Default and all Additional Rentals shall have been paid or provided for, and in . In case of any such waiver or rescissionwaiver, or in case any proceeding proceedings taken by the Trustee on account of any such default Event of Default shall have been discontinued or abandoned aband oned or determined adverselyadversely to the Trustee, then and in every such case the IssuerCorporation, the District, the Trustee and the Bondholders Owners shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other defaultEvent of Default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture of Trust

Waivers of Events of Default. The Finance Authority or the Trustee may in its discretion waive or rescind by written waiver or rescission any event Event of default Default hereunder and its the consequences and rescind any declaration of maturity such an Event of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; Default provided, however, that there shall not be waived or rescinded: (ai) any event Event of default Default in the payment of the principal of any outstanding Bonds this Loan Agreement at the date of maturity when due as specified therein, herein; or (bii) any default in the payment when due of the interest on any such Bonds this Loan Agreement, unless prior to such waiver or rescission, all arrears of principal and interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred this Loan Agreement on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, interest and all expenses of the Trustee Finance Authority or the Trustee, in connection with such default Event of Default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Finance Authority or the Trustee on account of any such default Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuercase, the Trustee Finance Authority and the Bondholders Trustee shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other defaultEvent of Default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Loan Agreement

Waivers of Events of Default. The Subject to prior written notice to and prior written consent of the City, the Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) owners of the sum of a majority in aggregate principal amount of all the Bonds then outstanding Outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived (ai) any event Event of default Default in the payment of the principal of or premium on any outstanding Outstanding Bonds at the date of maturity specified thereinor redemption thereof, or (b) any default in the payment when due of the interest on any such Bonds Bonds, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any (with interest upon such principal and premium, if any, when dueat a rate which shall be 1 percent per annum above the highest rate of interest borne by any Bond during the 365 days prior to the date on which such principal and premium, as if any, were due or the case may be, maximum rate permitted by law if less than such rate aforesaid) and all expenses of the Trustee Trustee, and all amounts to be paid to the City hereunder and under the Loan Agreement, in connection with such default shall have been paid or provided for, and for or (ii) any default in the payment of amounts set forth in Section 5.1(d) of the Loan Agreement. In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adverselyadversely to the Trustee, then and in every such case the IssuerCity, the Trustee and Trustee, the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to or affect any subsequent or other default, or impair any right rights or remedies consequent thereon.

Appears in 1 contract

Samples: Indenture of Trust (Advanced Environmental Recycling Technologies Inc)

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest interest, if any, on the Bonds, and shall do so upon the written request of the holders of (1) Owners of at least 50% in aggregate principal amount of all the Bonds then outstanding in respect of which default in the payment of principal and/or premiumOutstanding, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived without the consent of the Owners of all the Bonds Outstanding (a) any event Event of default Default in the payment of the principal of any outstanding Outstanding Bonds when due (whether at the date of maturity or redemption specified therein), or (b) any default Event of Default in the payment when due of the interest on any such Bonds Bonds, unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all reasonable expenses of the Trustee and the City, in connection with such default default, shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the IssuerCity, the Corporation, the Trustee and the Bondholders Bondowners shall be restored to their former positions positions, rights and rights obligations hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (Pacific Sunwear of California Inc)

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on and, subject to the BondsTrustee’s right to require satisfactory indemnification pursuant to Section 12.01(l), and shall do so upon the written request of the holders of owners of (1a) all more than 50% in aggregate principal amount of the Bonds Notes then outstanding Outstanding in respect of which default in the payment of principal and/or premiumor interest, if anyor both, and/or interest exists, or (2b) more than 50% in aggregate principal amount of all Bonds Notes then outstanding Outstanding in the case of any other defaultEvent of Default; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of any outstanding Bonds Outstanding Notes at the date of maturity specified therein, therein or (b) any default Event of Default in the payment when due of the interest on any such Bonds unless Notes unless, prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as with interest on overdue principal at the case may berate borne by the Notes, and all expenses of the Trustee and the Initial Owner in connection with such default Event of Default, shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Trustee on account of any such default Event of Default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee Trustee, the Initial Owner and the Bondholders Noteholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (GMH Communities Trust)

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived without the consent of all Bondholders (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default (including extraordinary services) shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The At the direction of the Requisite Bondholders, the Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of Bondholders of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived waived (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon. The provisions of this Section 7.9 are expressly subject to and limited by the last sentence of Section 7.1 hereof.

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of (1) all Holders of more than 50% of the Bond Obligation related to the Senior Bonds then outstanding in respect of which default in until such time as the payment of principal and/or premium, if any, and/or interest exists, or (2) all Senior Bonds then outstanding in the case of any other defaultare no longer Outstanding; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of any outstanding Outstanding Bonds at the date of maturity specified therein, therein or (b) any default Default in the payment when due of the interest on any such Bonds unless unless, prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as with interest on overdue principal at the case may berate borne by such Bonds, and all expenses of the Trustee in connection with such default Default, shall have been paid or provided for, and in . In case of any such waiver or rescission, or in case any proceeding proceedings taken by the Trustee on account of any such default Default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee Trustee, and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other defaultDefault, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived without the consent of all Bondholders (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default (including extraordinary services) shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the IssuerCity, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The Except as hereinafter provided, at any time, in its discretion, the Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and may rescind and annul any declaration of maturity of principal of and or interest on on, the Bonds, and . The Trustee shall do so upon the written request of the holders Holders of: (1a) at least a majority in aggregate principal amount of all the Bonds then outstanding Outstanding in respect of which default an Event of Default in the payment of principal and/or premium, if any, and/or interest Bond Service Charges exists, or or (2b) at least 50% in aggregate principal amount of all Bonds then outstanding Outstanding, in the case of any other default; providedEvent of Default. There shall not be so waived, however, that there shall not be waived any Event of Default described in paragraph (a) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) of Section 6.01 hereof or any default declaration of acceleration in connection therewith rescinded or annulled, unless at the payment when due time of that waiver or rescission and annulment payments of the interest on any such Bonds unless prior to such amounts provided in Section 6.03 hereof for waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, rescission and all expenses of the Trustee annulment in connection with such default shall acceleration of maturity have been paid made or provided for, and in provision has been made therefor. In the case of any such the waiver or rescissionrescission and annulment, or in case any proceeding suit, action or proceedings taken by the Trustee on account of any such default Event of Default shall have been discontinued or discontinued, abandoned or determined adverselyadversely to it, then and in every such case the Issuer, the Trustee and the Bondholders Holders shall be restored to their former positions and rights hereunder, respectively, but no such . No waiver or rescission shall extend to any subsequent or other default, Event of Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The Trustee may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bondsprincipal, and shall do so upon the written request of the holders of of (1a) all the not less than two-thirds in aggregate principal amount of Bonds then outstanding Outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2b) more than 50% in aggregate principal amount of all Bonds then outstanding Outstanding in the case of any other default; provided, however, that there shall not be waived (a1) any event of default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, then Outstanding when due or (b2) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in the case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Waivers of Events of Default. The Trustee may in its discretion waive any event Event of default Default hereunder and its consequences and rescind any declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written request of the holders of of (1) all the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other default; provided, however, that there shall not be waived (a) any event Event of default Default in the payment of the principal of any outstanding Bonds at the date of maturity specified therein, or (b) any default in the payment when due of the interest on any such Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Trust Indenture

Waivers of Events of Default. The Trustee Trustee, with the consent of the Collateral Agent, (a) may in its discretion waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal and its consequences, if such event of default has been cured and interest on the Bondsthere is no longer continuing any default hereunder, and (b) shall do so waive any event of default hereunder and its consequences and rescind any declaration of maturity of principal, upon the written request of the holders of (1) all owners of a majority in principal amount of the Bonds then outstanding in respect of which default in the payment of principal and/or premium, if any, and/or interest exists, or (2) all Bonds then outstanding in the case of any other defaultoutstanding; provided, however, that there shall not be waived (ai) any event of default in pertaining to the payment of the principal of any outstanding Bonds Bond at the its maturity date of maturity specified thereinor any prepayment date prior to maturity, or (bii) any event of default in pertaining to the payment when due of the interest on any such Bonds Bond, unless prior to such waiver or rescission, all arrears of principal (due otherwise than by declaration) and interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of principal and interest or and all arrears of payments of principal and premium, if any, when due, as the case may be, and all expenses of the Trustee due hereunder in connection with such default event of default, shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders owners of the Bonds shall be restored to their former positions and rights hereunder, hereunder respectively, but no such waiver or rescission shall extend to any subsequent or other event of default, or impair any right consequent thereon.

Appears in 1 contract

Samples: Indenture of Trust (Tenaska Georgia Partners Lp)

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