Common use of Acceleration of Maturity Date; Rescission and Annulment Clause in Contracts

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 6.1(e) or (f) relating to the Company or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Majority Holders, by a notice in writing to the Company and to the Disbursement Agent (and to the Trustee if given by Holders) (an "ACCELERATION NOTICE"), may declare all of the principal of the Notes determined as set forth below, including in each case accrued interest thereon, or, as appropriate, the Change of Control Purchase Price, to be due and payable immediately. If an Event of Default specified in Section 6.1(e) or (f) relating to the Company or its Subsidiaries occurs, all principal and accrued interest on the Notes shall be immediately due and payable on all outstanding Notes without any declaration or other act on the part of the Trustee or the Holders. At any time prior to such a declaration of acceleration being made, the Majority Holders, by written notice to the Company and the Trustee, may waive, on behalf of all Holders, any default or potential default if the Company has paid or deposited with the Trustee a sum sufficient to pay: (1) all accrued but unpaid interest on all Notes, (2) the principal of (and premium, if any, applicable to) any Notes and accrued but unpaid interest thereon at the rate borne by the Notes, (3) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the Notes, and (4) all sums paid or advanced by the Trustee hereunder and the compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 6.1(e) or (f) relating to the Company or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Majority HoldersHolders of not less than 25% in aggregate principal amount of then outstanding Securities, by a notice in writing to the Company and to the Disbursement Agent (and to the Trustee if given by Holders) (an "ACCELERATION NOTICEAcceleration Notice"), may declare all of the principal of the Notes Securities (or the Change of Control Purchase Price if the Event of Default includes failure to pay the Change of Control Purchase Price), determined as set forth below, including in each case accrued interest thereon, or, as appropriate, the Change of Control Purchase Price, to be due and payable immediately. If an Event of Default specified in Section 6.1(e) or (f) relating to the Company or its Subsidiaries occurs, all principal and accrued interest on the Notes Securities shall be immediately due and payable on all outstanding Notes Securities without any declaration or other act on the part of the Trustee or the Holders. At any time prior to after such a declaration of acceleration being mademade and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Majority HoldersHolders of a majority in aggregate principal amount of then outstanding Securities, by written notice to the Company and the Trustee, may waive, on behalf of all Holders, any default or potential default if the Company has paid or deposited with the Trustee a sum sufficient to paysuch declaration of acceleration if: (1) all accrued but unpaid interest on all Notes, (2) the principal of (and premium, if any, applicable to) any Notes and accrued but unpaid interest thereon at the rate borne by the Notes, (3) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the Notes, and (4) all sums paid or advanced by the Trustee hereunder and the compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Acceleration of Maturity Date; Rescission and Annulment. If Subject to Section 11.2(c), if an Event of Default (other than an Event of Default specified in Section 6.1(e6.1(h) or (fi) relating to the Company or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Debentures shall have already become due and payable, either the Trustee or the Majority HoldersHolders of not less than 25% in aggregate principal amount of the Debentures then outstanding, by a notice in writing to the Company and to the Disbursement Agent (and to the Trustee if given by Holders) (an "ACCELERATION NOTICEAcceleration Notice"), may declare all of the principal of the Notes Debentures, determined as set forth below, including in each case accrued interest thereon, or, as appropriate, the Change of Control Purchase Price, to be due and payable immediately. If an Event of Default specified in Section 6.1(e6.1(h) or (fi) relating to the Company or its Subsidiaries occurs, all principal of, premium, if any, and accrued and unpaid interest on the Notes Debentures shall be immediately due and payable on all outstanding Notes Debentures without any declaration or other act on the part of the Trustee or the Holders. At any time prior to after such a declaration of acceleration being madeis made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Majority HoldersHolders of a majority in aggregate principal amount of the Debentures then outstanding, by written notice to the Company and the Trustee, may waive, rescind and annul on behalf of all Holders, any default or potential default if the Company has paid or deposited with the Trustee a sum sufficient to paysuch declaration of acceleration if: (1) all accrued but unpaid interest on all Notes, (2) the principal of (and premium, if any, applicable to) any Notes and accrued but unpaid interest thereon at the rate borne by the Notes, (3) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the Notes, and (4) all sums paid or advanced by the Trustee hereunder and the compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Acceleration of Maturity Date; Rescission and Annulment. If an Event of Default (other than an Event of Default specified in Section 6.1(e7.1(4) or (f5) relating to the Company or its SubsidiariesCompany) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Securities shall have already become due and payable, either the Trustee or the Majority HoldersHolders of not less than 25% in aggregate principal amount of the Securities then outstanding, by a notice in writing to the Company and to the Disbursement Agent (and to the Trustee if given by Holders) (an "ACCELERATION NOTICEAcceleration Notice"), may declare all of the principal of the Notes Securities, determined as set forth below, including in each case and accrued interest thereon, or, as appropriate, the Change of Control Purchase Price, to be due and payable immediatelyimmediately (plus, in the case of an Event of Default which is the result of an action of the Company intended to avoid paying a redemption premium on the Securities contained herein, an amount of premium that would have been applicable under the Securities). If an Event of Default specified in Section 6.1(e7.1(4) or (f5) relating to the Company or its Subsidiaries occurs, all principal and accrued interest on the Notes shall thereon will be immediately due and payable on all outstanding Notes Securities without any declaration or other act on the part of the Trustee or the Holders. At any time prior to after such a declaration of acceleration being mademade and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter provided in this Article VII, the Majority HoldersHolders of not less than a majority in aggregate principal amount of then outstanding Securities, by written notice to the Company and the Trustee, may waiverescind, on behalf of all Holders, any default or potential default if such declaration of acceleration if: (1) the Company has paid or deposited with the Trustee a sum Cash sufficient to pay: pay (1A) all accrued but unpaid overdue interest on all Notes, Securities, (2B) the principal of (and premium, if any, applicable to) any Notes Securities which would become due other than by reason of such declaration of acceleration, and accrued but unpaid interest thereon at the rate borne by the Notes, Securities, (3C) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the NotesSecurities, and (4D) all sums paid or advanced by the Trustee hereunder and the compensation, expenses, disbursements and advances of the Trustee, Trustee and its agents and counsel., and any other amounts due the Trustee under Section 8.7, and (2) all Events of Default, other than the non-payment of the principal of, premium, if any, and interest on Securities which have become due solely by such declaration of acceleration, have been cured or waived as provided in Section 7.12. SECTION 7.3

Acceleration of Maturity Date; Rescission and Annulment. If Subject to Section 11.2(c), if an Event of Default (other than an Event of Default specified in Section 6.1(e6.1(h) or (fi) relating to the Company or its Subsidiaries) occurs and is continuing, then, and in every such case, unless the principal of all of the Notes Debentures shall have already become due and payable, either the Trustee or the Majority HoldersHolders of not less than 25% in aggregate principal amount of the Debentures then outstanding, by a notice in writing to the Company and to the Disbursement Agent (and to the Trustee if given by Holders) (an "ACCELERATION NOTICEAcceleration Notice"), may declare all of the principal of the Notes Debentures, determined as set forth below, including in each case accrued interest thereon, or, as appropriate, the Change of Control Purchase Price, to be due and payable immediately. If an Event of Default specified in Section 6.1(e6.1(h) or (fi) relating to the Company or its Subsidiaries occurs, all principal of, premium, if any, and accrued and unpaid interest on the Notes Debentures shall be immediately due and payable on all outstanding Notes Debentures without any declaration or other act on the part of the Trustee or the Holders. At any time prior to after such a declaration or acceleration is made and before a judgment or decree for payment of acceleration being madethe money due has been obtained by the Trustee as hereinafter provided in this Article VI, the Majority HoldersHolders of a majority in aggregate principal amount of the Debentures then outstanding, by written notice to the Company and the Trustee, may waive, rescind and annul on behalf of all Holders, any default or potential default if the Company has paid or deposited with the Trustee a sum sufficient to paysuch declaration of acceleration if: (1) all accrued but unpaid interest on all Notes, (2) the principal of (and premium, if any, applicable to) any Notes and accrued but unpaid interest thereon at the rate borne by the Notes, (3) to the extent that payment of such interest is lawful, interest upon overdue interest at the rate borne by the Notes, and (4) all sums paid or advanced by the Trustee hereunder and the compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.