Waivers of Events of Default. Except as hereinafter provided, at any time, in its discretion, the Trustee may waive any Event of Default hereunder and its consequences and shall do so upon the written request of the Holders of Bonds of at least a majority in aggregate principal amount of Bonds Outstanding. There shall not be so waived, however, any Event of Default described in Section 7.1(a) hereof unless at the time of such waiver payments of all amounts then due and payable with respect to the Bonds have been made or provision has been made therefor. In the case of such waiver, or in case any suit, action or proceeding taken by the Trustee on account of any Event of Default shall have been discontinued, abandoned or determined adversely to it, the Trustee and the Holders shall be restored to their former positions and rights hereunder, respectively. No waiver or rescission shall extend to any subsequent or other Event of Default or impair any right consequent thereon. [End of Article VII] ARTICLE VIII SUPPLEMENTAL AGREEMENTS
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
Waivers of Events of Default. Except as hereinafter providedTrustee may, at any timeand upon the written request of the Senior Debenture Holders of not less than a majority in principal amount of all Senior Debentures Outstanding hereunder shall, in its discretion, the Trustee may waive any Event of Default hereunder and its consequences and shall do so upon the written request rescind any declaration of the Holders maturity of Bonds of at least a majority in aggregate principal amount of Bonds Outstanding. There principal; provided, however, there shall not be so waived, however, waived any Event of Default described in clause (a), (b), or (c) of the first paragraph of Section 7.1(a) hereof 9.01 hereof, unless at the time of prior to such waiver payments or rescission a Supplemental Indenture is executed as provided for in Section 11.02 or all arrears of principal and interest (due otherwise than by declaration), and all amounts then due expenses of Trustee and payable with respect to the Bonds have been made or provision has been made therefor. In the case of such waiverPaying Agent, or in case any suit, action or proceeding taken by the Trustee on account of any Event of Default shall have been discontinuedpaid or provided for. In case of any such waiver or rescission Issuer, abandoned or determined adversely to it, the Trustee and the Senior Debenture Holders shall be restored to their former positions and rights hereunderhereunder respectively, respectively. No but no such waiver or rescission shall extend to any subsequent or other Event of Default default, or impair any right consequent subsequent thereon. [End of Article VII] ARTICLE VIII SUPPLEMENTAL AGREEMENTS.
Appears in 1 contract
Waivers of Events of Default. Except as hereinafter providedTrustee may, at any timeand upon the written request of the Debenture Holders of not less than twenty-five percent (25%) in principal amount of all Debentures Outstanding hereunder shall, in its discretion, the Trustee may waive any Event of Default hereunder and its consequences and shall do so upon the written request rescind any declaration of the Holders maturity of Bonds of at least a majority in aggregate principal amount of Bonds Outstanding. There principal; provided, however, there shall not be so waived, however, waived any Event of Default described in clause (a) or (b) of the first paragraph of Section 7.1(a) hereof 9.01 hereof, unless at the time of prior to such waiver payments or rescission all arrears of principal (due otherwise than by declaration) and interest, and all amounts then due expenses of Trustee and payable with respect to the Bonds have been made or provision has been made therefor. In the case of such waiverPaying Agent, or in case any suit, action or proceeding taken by the Trustee on account of any Event of Default shall have been discontinuedpaid or provided for. In case of any such waiver or rescission Issuer, abandoned or determined adversely to it, the Trustee and the Debenture Holders shall be restored to their former positions and rights hereunderhereunder respectively, respectively. No but no such waiver or rescission shall extend to any subsequent or other Event of Default default, or impair any right consequent subsequent thereon. [End of Article VII] ARTICLE VIII SUPPLEMENTAL AGREEMENTS.
Appears in 1 contract
Samples: Cross Border Resources, Inc.
Waivers of Events of Default. Except as hereinafter provided, at any time, in its discretion, the Trustee may waive any Event of Default hereunder and its consequences and shall do so upon the written request of the Holders of Bonds of at least a majority in aggregate principal amount of Bonds Outstanding. There shall not be so waived, however, any Event of Default described in Section 7.1(a7.1 (a) hereof unless at the time of such waiver payments of all amounts then due and payable with respect to the Bonds have been made or provision has been made therefor. In the case of such waiver, or in case any suit, action or proceeding taken by the Trustee on account of any Event of Default shall have been discontinued, abandoned or determined adversely to it, the Trustee and the Holders shall be restored to their former positions and rights hereunder, respectively. No waiver or rescission shall extend to any subsequent or other Event of Default or impair any right consequent thereon. [End of Article VII] ARTICLE VIII SUPPLEMENTAL AGREEMENTS.
Appears in 1 contract
Samples: Trust Agreement
Waivers of Events of Default. Except as hereinafter provided, at any time, in its discretion, the Trustee may waive any Event of Default hereunder and its consequences and shall do so upon the written request of the Holders of Bonds of at least a majority in aggregate principal amount of Bonds Outstanding. There shall not be so waived, however, any Event of Default described in Section 7.1(a7.1 (a) hereof unless at the time of such waiver payments of all amounts then due and payable with respect to the Bonds have been made or provision has been made therefor. In the case of such waiver, or in case any suit, action or proceeding taken by the Trustee on account of any Event of Default shall have been discontinued, abandoned or determined adversely to it, the Trustee and the Holders shall be restored to their former positions and rights hereunder, respectively. No waiver or rescission shall extend to any subsequent or other Event of Default or impair any right consequent thereon. [End of Article VII] ARTICLE VIII SUPPLEMENTAL AGREEMENTS.
Appears in 1 contract
Samples: Trust Agreement
Waivers of Events of Default. Except as hereinafter provided, at any time, in its discretion, the Trustee may waive any Event of Default hereunder and its consequences and shall do so upon the written request of the Holders of Bonds Obligations of at least a majority in aggregate principal amount of Bonds Obligations Outstanding. There shall not be so waived, however, any Event of Default described in Section 7.1(a) hereof unless at the time of such waiver payments of all amounts then due and payable with respect to the Bonds Series 2020 Notes have been made or provision has been made therefor. In the case of such waiver, or in case any suit, action or proceeding taken by the Trustee on account of any Event of Default shall have been discontinued, abandoned or determined adversely to it, the Trustee and the Holders shall be restored to their former positions and rights hereunder, respectively. No waiver or rescission shall extend to any subsequent or other Event of Default or impair any right consequent thereon. [End of Article VII] ARTICLE VIII SUPPLEMENTAL AGREEMENTS]
Appears in 1 contract
Samples: Trust Agreement
Waivers of Events of Default. Except as hereinafter provided, at any time, in its discretion, the Trustee may waive any Event of Default hereunder and its consequences and shall do so upon the written request of the Holders of Bonds of at least a majority in aggregate principal amount of Bonds Outstanding. There shall not be so waived, however, any Event of Default described in Section 7.1(a) hereof unless at the time of such waiver payments of all amounts then due and payable with respect to the Series 2015 Bonds have been made or provision has been made therefor. In the case of such waiver, or in case any suit, action or proceeding taken by the Trustee on account of any Event of Default shall have been discontinued, abandoned or determined adversely to it, the Trustee and the Holders shall be restored to their former positions and rights hereunder, respectively. No waiver or rescission shall extend to any subsequent or other Event of Default or impair any right consequent thereon. [End of Article VII] ARTICLE VIII SUPPLEMENTAL AGREEMENTS.
Appears in 1 contract
Samples: Trust Agreement
Waivers of Events of Default. Except as hereinafter provided, at any time, in its discretion, the Trustee may waive any Event of Default hereunder and its consequences and shall do so upon the written request of the Holders of Bonds Obligations of at least a majority in aggregate principal amount of Bonds Obligations Outstanding. There shall not be so waived, however, any Event of Default described in Section 7.1(a) hereof unless at the time of such waiver payments of all amounts then due and payable with respect to the Bonds Series 2020 Notes have been made or provision has been made therefor. In the case of such waiver, or in case any suit, action or proceeding taken by the Trustee on account of any Event of Default shall have been discontinued, abandoned or determined adversely to it, the Trustee and the Holders shall be restored to their former positions and rights hereunder, respectively. No waiver or rescission shall extend to any subsequent or other Event of Default or impair any right consequent thereon. [End of Article VII] ARTICLE VIII SUPPLEMENTAL AGREEMENTS
Appears in 1 contract
Samples: Trust Agreement