Common use of Waiver of Existing Defaults Clause in Contracts

Waiver of Existing Defaults. Subject to Sections 5.07 and 8.02 hereof, the Holders of a majority in aggregate principal amount of the outstanding Notes by notice to the Trustee may waive an existing Default or Event of Default and its consequences (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1) a continuing Default or Event of Default in the payment of interest or Liquidated Damages on, or the principal of, the Notes or (2) a continuing Default in respect of a provision that under Section 8.02 hereof cannot be amended without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Sources: Indenture (Northwest Pipeline Corp), Indenture (Williams Companies Inc)

Waiver of Existing Defaults. Subject to Sections 5.07 5.7 and 8.02 hereof8.2 of the Base Indenture, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Notes by notice to the Trustee may waive an existing Default or Event of Default and its consequences (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1) a continuing Default or Event of Default in the payment of interest or Liquidated Damages on, or the principal of, the Notes or (2) a continuing Default default in respect of a provision that under Section 8.02 hereof 8.2 of the Base Indenture cannot be amended without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Sources: Ninth Supplemental Indenture (Williams Companies Inc), Supplemental Indenture (Williams Companies Inc)

Waiver of Existing Defaults. Subject to Sections 5.07 and 8.02 hereofSection 8.02, the Holders of a majority in aggregate principal amount of the then-outstanding Notes on behalf of all the Holders of the Notes by written notice to the Trustee and the Company may waive an existing any Default or Event of Default and its consequences (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1) a continuing other than any Default or Event of Default in the payment of interest principal or Liquidated Damages on, or the principal of, interest) on the Notes or (2) a continuing Default in respect under this Indenture. Holders of a provision that under Section 8.02 hereof canmajority in principal amount of the then outstanding Notes may rescind an acceleration and its consequence (except an acceleration due to nonpayment of principal or interest on the Notes) if the rescission would not be amended without the consent conflict with any judgment or decree and if all existing Events of each Holder affectedDefault have been cured or waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 2 contracts

Sources: Indenture (Beazer Homes Usa Inc), Indenture (Beazer Homes Usa Inc)

Waiver of Existing Defaults. Subject to Sections 5.07 and 8.02 hereof, the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), exceptor (1) a continuing Default or Event of Default in the payment of interest or Liquidated Damages on, or the principal of, the Notes or premium, if any, or interest on any Security or (2) a continuing continued Default in respect of a provision that under Section 8.02 hereof cannot be amended without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Sources: Indenture (Tuboscope Inc /De/)

Waiver of Existing Defaults. Subject to Sections 5.07 and 8.02 hereof, The Required Holders may on behalf of the Holders of a majority in aggregate principal amount of all the outstanding Notes by notice to the Trustee may waive an any existing Default or Event of Default hereunder and its consequences (including waivers obtained in connection with consequences, except a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1) a continuing Default or Event of Default Default: (i) in the payment of the principal of (or premium, if any) or interest or Liquidated Damages on, or any Note (including any Note which is required to have been purchased pursuant to an offer to purchase that the principal ofCompany is required to make hereunder), the Notes or or (2ii) a continuing Default in respect of a covenant or provision that hereof which under Section 8.02 hereof 16.4 cannot be modified or amended without the consent of the Holder of each Holder outstanding Note affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured and cease, for every purpose of the Indenturethis Agreement; but provided, however, no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Appears in 1 contract

Sources: Purchase Agreement (Ruths Chris Steak House, Inc.)

Waiver of Existing Defaults. Subject to Sections Section 5.07 and 8.02 hereofSection 8.02, the Holders of a majority in aggregate principal amount of the outstanding Notes Securities by notice to the Trustee may waive an existing Default or Event of Default and its consequences (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), exceptfor the (1) a continuing Default or Event of Default in the payment of interest or Liquidated Damages on, or the principal of, or premium, if any, or Liquidated Damages, if any, or interest on the Notes Securities or (2) a continuing Default in respect of a provision that under Section 8.02 hereof cannot be amended without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Sources: Indenture (Southern Natural Gas Co)

Waiver of Existing Defaults. Subject to Sections 5.07 Provided the Securities are not then due and 8.02 hereofpayable by reason of a declaration of acceleration, the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences except (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1a) a continuing Default or Event of an uncured Default in the payment of interest or Liquidated Damages on, or the principal ofof or interest on a Security, (b) a Default arising from the Notes failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (2c) a continuing Default in respect of a provision that under Section 8.02 hereof 9.02 cannot be amended without the consent of each Holder affected. Upon any such waiver, such When a Default shall cease to exist, and any or Event of Default arising therefrom shall is waived, it is deemed cured and the Issuer, the Trustee and the Holders will be deemed restored to have been cured for every purpose of the their former positions and rights under this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonright.

Appears in 1 contract

Sources: Indenture (Blue Water Acquisition Corp.)

Waiver of Existing Defaults. Subject to Sections 5.07 and 8.02 hereof, Holder by the Holders adoption of a majority in aggregate principal amount resolution of the outstanding Notes by notice to the Trustee Holder's board of directors may waive an existing Default or Event of Default and its consequences (including waivers obtained in connection with a purchase ofhereunder, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1) except a continuing Default or Event of Default in the payment of interest or Liquidated Damages on, or the principal of, premium, if any, or interest on, this Mirror Note (including in connection with an offer to purchase); provided, that such waiver shall be automatic in the Notes case of any Event of Default predicated solely on a CCI Event of Default, to the extent that the underlying CCI Event of Default has been cured or (2) a continuing Default waived in respect of a provision that under Section 8.02 hereof cannot be amended without accordance with the consent of each Holder affectedIndenture. Upon any such waiverwaiver whether by resolution or automatically, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the Indenturethis Mirror Note; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Sources: Mirror Convertible Senior Note (Charter Communications Inc /Mo/)

Waiver of Existing Defaults. Subject to Sections 5.07 Provided the Securities are not then due and 8.02 hereofpayable by reason of a declaration of acceleration, the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences except (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1a) a continuing Default or Event of an uncured Default in the payment of interest or Liquidated Damages on, or the principal ofof or interest on a Security (or any applicable Exit Fee), (b) a Default arising from the Notes failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (2c) a continuing Default in respect of a provision that under Section 8.02 hereof 9.02 cannot be amended without the consent of each Holder affected. Upon any such waiver, such When a Default shall cease to exist, and any or Event of Default arising therefrom shall is waived, it is deemed cured and the Issuer, the Trustee and the Holders will be deemed restored to have been cured for every purpose of the their former positions and rights under this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonright.

Appears in 1 contract

Sources: Indenture (Aquestive Therapeutics, Inc.)

Waiver of Existing Defaults. Subject to Sections 5.07 6.07 and 8.02 hereof9.02, the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities of any series or of all series (acting as one class) by notice to the Trustee may waive an existing or past Default or Event of Default with respect to such series or all series, as the case may be, and its consequences (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), excepta (1) a continuing Default or Event of Default in the payment of interest or Liquidated Damages on, or the principal of, the Notes or premium, if any, or interest on or any Additional Amounts with respect to any Security or (2) a continuing continued Default in respect of a provision that under Section 8.02 hereof 9.02 cannot be amended or supplemented without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Sources: Indenture (Global Marine Inc)

Waiver of Existing Defaults. Subject to Sections 5.07 Provided the Securities are not then due and 8.02 hereofpayable by reason of a declaration of acceleration, the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences except (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1a) a continuing Default or Event of an uncured Default in the payment of interest or Liquidated Damages on, or the principal ofof or interest on a Security, (b) a Default arising from the Notes failure to redeem or purchase any Security when required pursuant to the terms of this Indenture or (2c) a continuing Default in respect of a provision that under Section 8.02 hereof 9.02 cannot be amended without the consent of each Holder affected. Upon any such waiver, such When a Default shall cease to exist, and any or Event of Default arising therefrom shall is waived, it is deemed cured and the Issuer, the Trustee and the Holders will be deemed restored to have been cured for every purpose of the their former positions and rights under this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonright.

Appears in 1 contract

Sources: Indenture (Aquestive Therapeutics, Inc.)

Waiver of Existing Defaults. Subject to Sections 5.07 and 8.02 hereof, the The Holders of a majority in aggregate principal amount at Stated Maturity of the Convertible Notes then outstanding Notes by notice to the Trustee may on behalf of the Holders of all the Convertible Notes waive an any existing Default or Event of Default and its consequences under this Indenture except (including waivers obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes or a solicitation of consents in respect of the Notes), except (1a) a continuing Default or Event of Default in the payment of interest or Liquidated Damages on, premium, if any, on or the principal of, the Convertible Notes or (2b) a continuing Default in respect of a covenant or provision that hereof which under Section 8.02 9.2 hereof cannot be modified or amended without the consent of the Holder of each Holder outstanding Note affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Appears in 1 contract

Sources: Indenture (Usn Communications Inc)