Common use of Acceleration of Maturity; Rescission Clause in Contracts

Acceleration of Maturity; Rescission. If any Event of Default occurs and is continuing under this Indenture, either the Trustee or the Holders of at least 30% in aggregate principal amount of the Notes then outstanding, may declare all Notes to be due and payable by notice in writing to the Issuer and the Trustee, in the case of notice by Holders, specifying the respective Event of Default and that it is a “notice of acceleration” and the same shall become immediately due and payable; provided, however, that, notwithstanding the foregoing, if an Event of Default specified in Section 6.01(8) occurs with respect the Issuer, all outstanding Notes shall become due and payable without further action or notice. Notwithstanding the foregoing, if after such acceleration but before a judgment or decree based on such acceleration is obtained by the Trustee, the Holders of a majority in aggregate principal amount of outstanding Notes may rescind and annul such acceleration if: (1) all Events of Default, other than nonpayment of principal, premium, if any, or interest that has become due solely because of the acceleration, have been cured or waived; and (2) the rescission and annulment would not conflict with any judgment or decree of a court of competent jurisdiction. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Acceleration of Maturity; Rescission. If any an Event of Default (other than of a type specified in clauses (f) or (g) of Section 6.01) occurs and is continuing under this Indenturehereunder, either the Trustee or the Holders of at least 30% in aggregate principal amount of the then outstanding Notes then outstanding, may declare the principal, premium, if any, interest and any other monetary obligations on all the then outstanding Notes to be due and payable immediately by notice in writing to the Issuer Company (and the Trustee, in if given by the case of notice by Holders, specifying the respective Event of Default and that it is a “notice of acceleration” and the same shall become immediately due and payable); provided, however, that, notwithstanding so long as any Indebtedness permitted to be incurred pursuant to the New Credit Facility shall be outstanding, no such acceleration shall be effective until the earlier of (i) acceleration of any such Indebtedness under the New Credit Facility or (ii) five business days after the giving of such written notice to the Company and the representative under the New Credit Facility of such acceleration. Upon the effectiveness of such declaration, such principal, premium, interest and other monetary obligations will be due and payable immediately. Notwithstanding the foregoing, if in the case of an Event of Default specified in arising under clauses (f) or (g) of Section 6.01(8) occurs with respect the Issuer6.01, all outstanding Notes shall will become due and payable without further action or notice. Notwithstanding the foregoing, if after such acceleration but before a judgment or decree based on such acceleration is obtained by the Trustee, the The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes by written notice to the Trustee may rescind an acceleration and annul such acceleration if: (1) its consequences if the rescission would not conflict with any judgment or decree and if all existing Events of Default, other than Default (except nonpayment of principal, premium, if any, principal or interest that has become due solely because of the acceleration, ) have been cured or waived; and (2) the rescission and annulment would not conflict with any judgment or decree of a court of competent jurisdiction. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Acceleration of Maturity; Rescission. If any Event of Default occurs and is continuing under this Indenture, either the Trustee or the Holders of at least 3025% in aggregate principal amount of the Notes then outstanding, outstanding may declare all Notes to be due and payable by notice in writing to the Issuer and the Trustee, in the case of notice by Holders, specifying the respective Event of Default and that it is a “notice of acceleration” and the same shall become immediately due and payable; provided, however, that, notwithstanding the foregoing, if an Event of Default specified in Section 6.01(86.01(7) occurs with respect to the Issuer, all outstanding Notes shall become due and payable without further action or notice. Notwithstanding the foregoing, if after such acceleration but before a judgment or decree based on such acceleration is obtained by the Trustee, the Holders of a majority in aggregate principal amount of outstanding Notes may rescind and annul such acceleration if: (1) all Events of Default, other than nonpayment of principal, premium, if any, or interest that has become due solely because of the acceleration, have been cured or waived; and (2) to the rescission extent the payment of such interest is lawful, interest on overdue installments of interest and annulment would not conflict with any judgment or decree overdue principal, which has become due otherwise than by such declaration of a court of competent jurisdictionacceleration, has been paid. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Acceleration of Maturity; Rescission. If any Event of Default occurs and is continuing under this Indenture, either the Trustee or the Holders of at least 3025% in aggregate principal amount of the Notes then outstanding, may declare all Notes to be due and payable by notice in writing to the Issuer and the Trustee, in the case of notice by Holders, specifying the respective Event of Default and that it is a “notice of acceleration” and the same shall become immediately due and payable; provided, however, that, notwithstanding the foregoing, if an Event of Default specified in Section 6.01(86.01(7) occurs with respect the Issuer, all outstanding Notes shall become due and payable without further action or notice. Notwithstanding the foregoing, if after such acceleration but before a judgment or decree based on such acceleration is obtained by the Trustee, the Holders of a majority in aggregate principal amount of outstanding Notes may rescind and annul such acceleration if: (1) all Events of Default, other than nonpayment of principal, premium, if any, or interest that has become due solely because of the acceleration, have been cured or waived; and (2) and the rescission and annulment would not conflict with any judgment or decree of a court of competent jurisdiction. No such rescission shall affect any subsequent Default or impair any right consequent thereto.

Acceleration of Maturity; Rescission. (a) If any an Event of Default (other than an Event of Default specified in Section 6.01(7) with respect to the Company or any Subsidiary Guarantor) occurs and is continuing under this Indenture, either the Trustee or the Holders of at least 3025% in aggregate principal amount of the Notes then outstanding, may by written notice to the Company (and to the Trustee if such notice is given by the Holders) may, and the Trustee at the request of such Holders shall, declare all the principal of and premium, if any, and accrued interest, if any, on the Notes to be due and payable by notice in writing to the Issuer and the Trustee, in the case of notice by Holders, specifying the respective Event of Default and that it is a “notice of acceleration” and the same shall become immediately due and payable; provided. Upon a declaration of acceleration, howeversuch principal, that, notwithstanding the foregoingpremium, if any, and accrued interest, if any, shall be immediately due and payable. If an Event of Default specified in Section 6.01(86.01(7) occurs with respect to the IssuerCompany or any Subsidiary Guarantor, all the principal of and premium, if any, and accrued interest, if any, on the Notes then outstanding Notes shall become and be immediately due and payable without further action any declaration or notice. Notwithstanding other act on the foregoingpart of the Trustee or any Holder. (b) The Holders of at least a majority in principal amount of the outstanding Notes, if after such acceleration but before a judgment or decree based on such acceleration is obtained by written notice to the Company and to the Trustee, the Holders of a majority in aggregate principal amount of outstanding Notes may waive all past defaults and rescind and annul such a declaration of acceleration and its consequences if: (1i) all existing Events of Default, other than the nonpayment of principal, the principal of and premium, if any, or interest and interest, if any, on such Notes that has have become due solely because by such declaration of the acceleration, have been cured or waived; and (2ii) the rescission and annulment would not conflict with any judgment or decree of a court of competent jurisdiction. No such rescission shall affect any subsequent Default or impair any right consequent thereto.