Common use of Interest Clause in Contracts

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

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Interest. (a) Ryerson, Inc.ArcelorMittal, a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to société anonyme organized under Luxembourg law will pay interest on the principal amount of this Note (“Notes”) the US $500,000,000 Securities at a fixed rate of 94.500% per annumannum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Issuers Company will pay interest in United States dollars and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (except as otherwise provided herein) semiannually amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on April 15 February 25 and October 15, August 25 of each year (each an Interest Payment Date) commencing on April 15August 25, 2013 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or if any such day the maturity date in respect of the Securities is not a Business DayDay in the Place of Payment, we will pay interest or principal, as the case may be, on the next succeeding Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Payment DatePeriod”). Interest on the Notes shall Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue from on the most recent Securities on the due date to which interest has been paid orfor their redemption, if no interest has been paidunless, from and including October 10upon such due date, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and principal is improperly withheld or refused or if this Note default is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except otherwise made in the case respect of the original issuance payment of Notesprincipal, in which case interest shall will continue to accrue from on the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal Securities at the rate equal rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to 1% per annum that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in excess respect of the then applicable interest rate on the Notes such Securities up to that seventh day, except to the extent lawful; it shall pay interest (including post-petition interest that there is failure in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate subsequent payment to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationrelevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise The Company promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9% 9½% per annum. annum from the date hereof until maturity [and shall pay Additional Interest, if any, as provided in the Registration Rights Agreement, dated January 20, 2011+ referred below].* The Issuers will Company shall pay interest in United States dollars (except as otherwise provided herein) semiannually [and Additional Interest, if any,] semi-annually in arrears on April 15 February 15th and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day August 15th of each year (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid on the Notes (or one or more Predecessor Notes) or, if no interest has been paid, from and including October 10, 2012the date of original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be [August 15, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2011]:. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum in excess of borne by the then applicable interest rate on the Notes to the extent lawfulNotes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest] (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate If an Interest Payment Date is not a Business Day, payment may be made on the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note was issued in connection with the Exchange Offer pursuant to which the 9½% Senior Notes will due 2019 in no event be higher than like principal amount were exchanged for Exchange Notes. The Exchange Notes rank pari passu in right of payment with the maximum rate permitted by New York law as Initial Notes. For any period in which the same Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be modified by United States law of general applicationdue and owing on the Initial Note in connection with the Registration Rights Agreement.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Laredo Petroleum Holdings, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Interest. (a) RyersonEach Junior Subordinated Note will bear interest at (i) the rate of 7.50% per annum (the “Fixed Coupon Rate”) until June 30, Inc., a Delaware corporation, or its successor 2016 (together, the RyersonFixed Rate Period”), and Xxxxxx X. Xxxxxxx & Son(ii) the Three-Month LIBOR Rate plus 2.825% per annum, Inc., a Delaware corporation, or its successor reset quarterly on the LIBOR Rate Reset Dates (together, the Co-IssuerFloating Coupon Rate” and, together with Ryersonthe Fixed Coupon Rate, the “IssuersCoupon Rate”), jointly from June 30, 2016 up to, but not including, the Stated Maturity (the “Floating Rate Period”), and severally, promise to pay will bear interest on any overdue principal at the principal amount then prevailing Coupon Rate and (to the extent that payment of this Note such interest is enforceable under applicable law) on any overdue installment of interest at the then prevailing Coupon Rate (“NotesAdditional Interest), compounded semi-annually for the Fixed Rate Period and quarterly for the Floating Rate Period, payable (subject to the provisions of Article IV) at a fixed rate of 9% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually semi-annually in arrears on April 15 the 30th day of June and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, December of each year during the Fixed Rate Period and quarterly in arrears on the next succeeding Business Day 30th day of March, June, September and December of each year during the Floating Rate Period (each each, an “Interest Payment Date”). Interest , commencing on December 30, 2006 for the Fixed Rate Period and September 30, 2016 for the Floating Rate Period to the Person in whose name such Junior Subordinated Note is registered, subject to certain exceptions, at the close of business on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the Record Date next preceding such Interest Payment Date. The “Record Date” for payment of interest, and if this Note is authenticated between a record date referred to on interest will be the face hereof and Business Day next preceding the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in unless such Junior Subordinated Note is registered to a holder other than the case Depositary or a nominee of the original issuance of NotesDepositary, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments Record Date for payment of interest (without regard to any will be the fifteenth calendar day preceding the applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of Payment Date, whether or not a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationBusiness Day.

Appears in 2 contracts

Samples: First Supplemental Indenture (Dominion Resources Inc /Va/), First Supplemental Indenture (Dominion Resources Inc /Va/)

Interest. (a) RyersonICON Health & Fitness, Inc., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 911.25% per annumannum from April 9, 2002 until maturity and shall pay the Additional Interest, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Additional Interest, if any, semi-annually in arrears on April 15 July 1 and October 15January 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be July 1, in which case interest shall accrue from the date of authentication2002. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 2 contracts

Samples: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

Interest. (a) Ryerson, ). Marquee Holdings Inc., a Delaware corporation (such corporation, or and its successor (togethersuccessors under the Indenture hereinafter referred to, “Ryerson”being herein called the "COMPANY"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount at maturity of this Note (“Notes”) Security at the rate per annum shown above. Unless the Company elects to pay cash interest as described below, no cash interest will accrue on the Securities prior to August 15, 2009. The Accreted Value of each Security will increase from the date of issuance until August 15, 2009, at a fixed rate of 912% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) , compounded semiannually in arrears on April each February 15 and October August 15 commencing February 15, commencing 2005, reflecting the accrual of non-cash interest, such that the Accreted Value will equal the stated principal amount at maturity on April August 15, 2013 or if any such day is not a Business Day, 2009. Cash interest on the next succeeding Business Day (each an “Interest Payment Date”). Interest on Securities will accrue at the Notes shall accrue rate of 12% per annum from August 15, 2009, or from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; or provided that if there is no existing Default or Event of Default in the payment of interestfor, and if this Note is authenticated between a will be payable in cash semiannually on February 15 and August 15 of each year (each an "INTEREST PAYMENT DATE"), commencing on February 15, 2010, to holders of record date referred to on the face hereof immediately preceding February 1 and August 1, respectively. Notwithstanding the next succeeding foregoing, on any Interest Payment Date prior to August 15, 2009, the Company may elect to commence to pay cash interest (but from and after October 10, 2012such Interest Payment Date), in which case (i) the Company will be obligated to pay cash interest shall accrue from such next succeeding on each subsequent Interest Payment Date, except in (ii) the case Securities will cease to accrete after such Interest Payment Date and (iii) the outstanding principal amount at Stated Maturity of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate each Security will be equal to 1% per annum in excess the Accreted Value of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments such Security as of interest (without regard to any applicable grace period) at the same rate to the extent lawfulsuch Interest Payment Date. Interest shall and Accreted Value will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Company shall pay interest on overdue principal at the rate borne by the Securities plus 1% per annum, and it shall pay interest on overdue installments of interest at the Notes rate borne by the Securities to the extent lawful. Interest will be payable as described in no event be higher than the maximum rate permitted by New York law foregoing paragraph, except as the same may be modified by United States law described under Section 15 of general applicationthis Security.

Appears in 2 contracts

Samples: Merger Agreement (Marquee Holdings Inc.), Merger Agreement (Amc Entertainment Inc)

Interest. (a) RyersonThe Musicland Group, Inc., a Delaware corporation, or its successor (together, “Ryerson”the "COMPANY"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Senior Subordinated Note (“Notes”) at a fixed the rate of 9% 9_% per annumannum and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest and Liquidated Damages, if any, in United States dollars (except as otherwise provided herein) semiannually semi-annually in arrears on April March 15 and October September 15, commencing on April September 15, 2013 1998, or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”"INTEREST PAYMENT DATE"). Interest on the Senior Subordinated Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided PROVIDED that if there is no existing Default or Event of Default in the payment of interest, and if this Senior Subordinated Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the ------------------------------ 1 These paragraphs should be removed upon the exchange of Regulation S Temporary Global Notes for Regulation S Permanent Global Notes pursuant to the Indenture. original issuance of Senior Subordinated Notes, in which case interest shall accrue from the date of authentication. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Senior Subordinated Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Musicland Group Inc /De, Musicland Stores Corp

Interest. Ventas Realty, Limited Partnership and Ventas Capital Corporation (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryersoncollectively, the "Issuers"), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9___% per annumannum from ________________, 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April 15 ___________ and October 15___________ of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be _____________, in which case interest shall accrue from the date of authentication200__. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on in effect; the Notes to the extent lawful; it shall Issuers will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)

Interest. (a) Ryerson, Inc.HTCC Holdco I B.V., a Delaware corporationprivate limited liability company incorporated under the laws of the Netherlands Antilles (such company and its successors and assigns under the Indenture hereinafter referred to, or its successor (together, being herein called the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise for value received promises to pay interest on the principal amount of this Note (“Notes”) from October 30, 2006. Each Note will bear interest at a fixed rate of 9per annum (the “Applicable Rate”), reset quarterly, equal to EURIBOR, in each case, plus 8.250% per annum. The Issuers as determined by the calculation agent (the “Calculation Agent”), which will pay interest in United States dollars initially be the Trustee, plus the Ratchet Margin (except as otherwise provided herein) semiannually in arrears on April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”any). Interest on the Notes shall will be payable (at the election of the Issuer made prior to the relevant record date in the case of cash interest) either in cash or through the issuance of Additional Notes in a principal amount equal to such interest amount (in increments of €1) quarterly in arrears on January 15, April 15, July 15, and October 15, commencing January 15, 2007. The Issuer will make each interest payment to the Holders of record of the Notes on the immediately preceding January 1, April 1, July 1 and October 1. The Additional Notes will be identical to the originally issued Notes, except that interest will begin to accrue from the date they are issued rather than the Issue Date. Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the Issue Date. The Calculation Agent will, 2012; provided that if there is no existing Default or Event of Default in as soon as practicable after 11:00 a.m. (London time) on each Determination Date, determine the payment of interestApplicable Rate, and if this Note is authenticated between a record date referred to on calculate the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), aggregate amount of interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate payable on the Notes in respect of the following Interest Period (the “Interest Amount”). The Interest Amount will be calculated by applying the Applicable Rate to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments principal amount of interest (without regard to any applicable grace period) each Note outstanding at the same rate commencement of the Interest Period, multiplying each such amount by the actual number of days in the Interest Period concerned divided by 360. All percentages resulting from any of the above calculations will be rounded, if necessary, to the extent lawful. Interest shall be computed on the basis nearest one hundred thousandth of a 360percentage point, with five one-day year comprised millionths of twelve 30a percentage point being rounded upwards (e.g. 4.876545% (or .04876545) being rounded to 4.87655% (or .0487655)). All euro amounts used in or resulting from such calculations will be rounded to the nearest euro cent (with one-day monthshalf euro cent being rounded upwards). The interest rate determination of the Applicable Rate and the Interest Rate Amount by the Calculation Agent shall, in the absence of willful default, bad faith or manifest error, be binding on all parties. The Applicable Rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application. The Calculation Agent shall be under no obligation to monitor whether the Applicable Rate exceeds such maximum rate. The Calculation Agent will, upon the written request of the Holder of any Note, provide the interest rate then in effect with respect to the Notes. The rights of holders of beneficial interests in the Notes to receive the payments of interest on the Notes are subject to applicable procedures of the book-entry depositary and Euroclear and Clearstream. “Determination Date,” with respect to an Interest Period relating to EURIBOR, will be the day that is two TARGET Settlement Days preceding the first day of such Interest Period.

Appears in 2 contracts

Samples: Invitel Holdings a/S, Invitel Holdings a/S

Interest. (a) RyersonSFX Entertainment, Inc., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9-1/8% per annumannum from February 11, 1998 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages semi-annually on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be August 1, in which case interest shall accrue from the date of authentication1998. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 2 contracts

Samples: Indenture (SFX Broadcasting Inc), Indenture (SFX Entertainment Inc)

Interest. (a) Ryerson, Inc.Central European Media Enterprises Ltd., a Delaware corporation, or its successor company organized under the laws of Bermuda (together, the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”as defined herein) at a fixed the rate of 915.0% per annum. The Issuers Interest on this Note will pay interest in United States dollars (except as otherwise provided herein) semiannually be payable semi-annually in arrears on April 15 June 1 and October 15December 1, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Dateinterest payment date”). Interest on the Notes shall this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the Issue Date. The Issuer promises to pay such interest on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing the principal amount of the outstanding Notes (“PIK Interest”) on such interest payment date. With respect to interest on the Notes for a semi-annual period due on an interest payment date, 2012; provided the Issuer may elect, at its option, to pay interest due on the Notes on such interest payment date (i) entirely in Cash Interest at the rate of 15.0% per annum (“Cash Interest Payment”) or (ii) entirely in PIK Interest at the rate of 15.0% per annum (“PIK Interest Payment”). In order to elect to pay Cash Interest on any interest payment date, the Issuer must deliver a written notice of its election to the Trustee no later than 10 days prior to such interest payment date (the “Cash Election Deadline”) specifying that it is electing a Cash Interest Payment (and if there is no existing Default the Issuer does not deliver such notice on or Event prior to the Cash Election Deadline, then a PIK Interest Payment shall be made on such interest payment date). Notwithstanding the foregoing, the Issuer shall be deemed to have elected to make a PIK Interest Payment with respect to the entire principal amount of Default the Notes for all interest payment dates occurring prior to November 15, 2015. PIK Interest on the Notes will be payable in the manner set forth in Section 2.17 of the Indenture. Following an increase in the principal amount of the outstanding Global Notes as a result of the payment of interestPIK Interest, the Global Notes will bear interest on such increased principal amount from and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationsuch payment. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) and on overdue installments of interest (without regard to and on any applicable grace period) at Additional Amounts as specified in the same rate Indenture. Any interest paid on this Note shall be increased to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law necessary to pay Additional Amounts as the same may be modified by United States law of general applicationset forth herein.

Appears in 2 contracts

Samples: Indenture (CME Media Enterprises B.V.), Central European Media Enterprises LTD

Interest. (a) Ryerson, Inc.Videotron Ltd., a Delaware corporation, or its successor corporation under the laws of Québec (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest (as defined in the Indenture) on the principal amount of this Note (“Notes”) at a fixed rate of 95.75% per annumannum until maturity. The Issuers will Company shall pay interest semi-annually in United States dollars arrears in equal installments (except as otherwise provided hereinnoted below) semiannually in arrears on April March 15 and October 15September 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the date of issuance; provided, 2012; provided however, that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be March 15, in which case interest shall accrue from the date of authentication2016. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the then applicable interest rate on then in effect under the Notes to the extent lawfulIndenture and this Note; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) periods), from time to time on demand at the same rate to the extent lawful. Interest shall In the case of the final interest period, if applicable (from September 15, 2025 to January 15, 2026), interest will be computed calculated on the basis of the actual number of days elapsed from September 15, 2025 to (but excluding) January 15, 2026 divided by 365. In the case of any other interest period that is shorter than a full semi-annual interest period due to redemption, interest will be calculated on the basis of a 360365-day year comprised and the actual number of twelve 30-day monthsdays elapsed from (and including) the date of the previous interest payment to (but excluding) the interest payment date for such interest period. The For the purposes of the Interest Act (Canada), whenever interest rate is computed on a basis of a year (the Notes will in no event be higher “deemed year”) which contains fewer days than the maximum actual number of days in the calendar year of calculation, such rate permitted of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by New York law as multiplying such rate of interest by the same may be modified actual number of days in the calendar year of calculation and dividing it by United States law the number of general applicationdays in the deemed year.

Appears in 2 contracts

Samples: Subordination Agreement (Videotron Ltee), Subordination Agreement (Quebecor Media Inc)

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise The Company promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 98 1/8% per annumannum from March 4, 2003 until maturity. The Issuers Company will pay interest in United States dollars semiannually on March 1 and September 1 of each year (except as otherwise provided herein) semiannually in arrears on April 15 and October 15each an "Interest Payment Date"), commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Day, to the holder of record at the close of business on February 15 or August 15 immediately preceding such Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to Interest Payment Date on which interest has been paid or, if no interest has been paid, from and including October 10March 4, 20122003; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of first Interest Payment Date shall be September 1, 2003. Further, the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawfulthen in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. [The interest rate Holder of this Note is entitled to the benefits of a registration rights agreement, dated as of March 4, 2003, between the Company and the Initial Purchasers named therein (the "Registration Rights Agreement"). In the event that a Registration Default (as defined in the Registration Rights Agreement) occurs, liquidated damages ("Liquidated Damages") will accrue on the affected Transfer Restricted Notes and the affected Private Exchange Notes, as applicable. The rate of Liquidated Damages will in no event be higher $0.05 per week per $1,000 principal amount of Transfer Restricted Notes and affected Private Exchange Notes held by such Holder for the first 90-day period immediately following the occurrence of a Registration Default, increasing by an additional $0.05 per week per $1,000 principal amount of Transfer Restricted Notes and affected Private Exchange Notes with respect to each subsequent 90-day period thereafter up to a maximum amount of Liquidated Damages for all Registration Defaults of $0.50 per week per $1,000 principal amount of Transfer Restricted Notes and affected Exchange Notes, from and including the date on which any such Registration Default shall occur to, but excluding, the earlier of (1) the date on which all Registration Defaults have been cured or (2) the date on which all Transfer Restricted Notes and Private Exchange Notes otherwise become freely transferrable by Holders other than affiliates of the maximum rate permitted by New York law as Company without further registration under the same may be modified by United States law of general applicationSecurities Act.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Northwest Pipeline Corp), Indenture (Williams Companies Inc)

Interest. (a) RyersonCPM Holdings, Inc., a Delaware corporation, or its successor corporation (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate 10⅝% per annum from ________________, 20__ until maturity and shall pay the Special Interest, if any, payable pursuant to Section 4 of 9% per annumthe Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Special Interest, if any, semi-annually in arrears on April 15 March 1 and October 15September 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication20_. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to 1that is 2% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Special Interest, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 2 contracts

Samples: Intercreditor Agreement (CPM Holdings, Inc.), CPM Holdings, Inc.

Interest. (a) Ryerson, Inc.CEMEX Finance LLC, a Delaware corporationlimited liability company (together with its successors and assigns, or its successor (together, the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate of 9% per annumannum shown above. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and each Interest Payment Date of each year commencing October 151, commencing on April 152014; provided, 2013 or that if any such day Interest Payment Date is not a Business Day, then such payment shall be made on the next succeeding Business Day (each an “Interest Payment Date”)Day. Interest on the Notes shall will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from and including October 10April 1, 20122014; provided provided, that if there is no existing Default or Event of Default in on the payment of interest, and if this Note is authenticated between a record date Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10April 1, 20122014), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationApril 1, 2014. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace period) , at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Each interest rate period shall end on (but not include) the relevant interest payment date. All payments made by the Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Jurisdiction, unless such withholding or deduction is required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to each Holder of the Notes Additional Amounts as provided in no event be higher than the maximum rate permitted by New York law as Indenture subject to the same may be modified by United States law of general applicationlimitations set forth in the Indenture.

Appears in 2 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Interest. RFS Partnership, L.P., a Tennessee limited partnership (athe "Company") Ryersonand RFS 2002 Financing, Inc., a Delaware corporation, or its successor Tennessee corporation (together, “Ryerson”), "Finance," and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryersonthe Company, the "Issuers"), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 99.75% per annumannum from the Issue Date until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will shall pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages, if any, semi-annually on April 15 March 1 and October 15September 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). The first Interest Payment Date shall be September 1, 2002. Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the Issue Date; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date Record Date (defined below) referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest Accrued Bankruptcy Interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum then in excess of the then applicable interest rate on the Notes to the extent lawfuleffect; it shall pay interest (including post-petition interest Accrued Bankruptcy Interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: RFS Hotel Investors Inc, RFS Partnership Lp

Interest. (a) RyersonThe Additional Series HH Notes will bear interest from December 19, Inc.2013 at a floating rate equal to the Adjusted LIBOR Rate from time to time, a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to pay interest payable quarterly on the principal amount 19th day of this Note each March, June, September and December in each year (commencing March 19, 2014) and at the Stated Maturity (each such date being referred to as a Notes”) at a fixed rate of 9% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15Series HH Interest Payment Date,” provided, commencing on April 15, 2013 or that if any such day is date shall not be a Business Day, on such Series HH Interest Payment Date shall be postponed to be the next succeeding Business Day Day) and shall bear interest on overdue principal (each an “including any overdue required or optional prepayment of principal), LIBOR Breakage Amount, if any, and premium, if any, and (to the extent legally enforceable) on any overdue installment of interest at the Default Rate until paid. Interest Payment Date”)shall be subject to adjustment in accordance with Section 2.07. Interest on the Additional Series HH Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed for the actual number of days elapsed on the basis of a 360-day year comprised consisting of twelve 30-day months360 days. The Adjusted LIBOR Rate for the Additional Series HH Notes shall be determined by the Calculation Agent with respect to each Series HH Interest Period (other than the first Series HH Interest Period), and notice thereof shall be given by the Calculation Agent to the Issuer and the Holders of the Additional Series HH Notes, together with such information as the Series HH Required Holders may reasonably request for verification, on or promptly after the second London Business Day preceding each Series HH Interest Period (other than the first Series HH Interest Period). The Calculation Agent’s determination of the Adjusted LIBOR Rate shall be conclusive, absent manifest error. For avoidance of doubt, the interest rate on the Additional Series HH Notes will in no event for the first Series HH Interest Period shall be higher than the maximum rate permitted by New York law same as the interest rate on the Original Series HH Notes for the same may be modified by United States law of general applicationperiod.

Appears in 2 contracts

Samples: Second Supplemental Indenture of Trust (Kayne Anderson MLP Investment CO), Second Supplemental Indenture of Trust (Kayne Anderson MLP Investment CO)

Interest. (a) Ryerson, Inc.CEMEX Finance LLC, a Delaware corporation, or its successor limited liability company (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryersonits successors and assigns, the “IssuersIssuer), jointly and severally, promise ) promises to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate of 9% per annumannum shown above. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15each Interest Payment Date of each year commencing June 14, commencing on April 15, 2013 or 2010; provided that if any such day Interest Payment Date is not a Business Day, then such payment shall be made on the next succeeding Business Day (each an “Interest Payment Date”)Day. Interest on the Notes shall will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from and including October 10December 14, 20122009; provided that if there is no existing Default or Event of Default in on the payment of interest, and if this Note is authenticated between a record date Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10December 14, 20122009), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationDecember 14, 2009. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace period) , at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on All payments made by the Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Authority, unless such withholding or deduction is required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to each Holder of the Notes Additional Amounts as provided in no event be higher than the maximum rate permitted by New York law as Indenture subject to the same may be modified by United States law of general applicationlimitations set forth in the Indenture.

Appears in 2 contracts

Samples: Cemex Sab De Cv, Cemex Sab De Cv

Interest. (a) Ryerson, Inc.Targa Resources Partners LP, a Delaware corporation, or its successor limited partnership (together, RyersonTarga Resources Partners”), and Xxxxxx X. Xxxxxxx & Son, Inc.Targa Resources Partners Finance Corporation, a Delaware corporation, or its successor corporation (together, Co-IssuerFinance Corp.” and, together with RyersonTarga Resources Partners, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 95.125% per annumannum from October 6, 2016 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be February 1, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2017. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum then in excess of the then applicable interest rate on the Notes effect to the extent lawful; it shall and they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace period) periods), from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Corp.), Conveyance and Assumption Agreement (Targa Resources Partners LP)

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise The Company promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 991/2% per annum. annum from the date hereof until maturity [and shall pay Additional Interest, if any, as provided in the Registration Rights Agreement, dated January 20, 2011+ referred below].* The Issuers will Company shall pay interest in United States dollars (except as otherwise provided herein) semiannually [and Additional Interest, if any,] semi-annually in arrears on April 15 February 15th and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day August 15th of each year (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid on the Notes (or one or more Predecessor Notes) or, if no interest has been paid, from and including October 10, 2012the date of original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be [August 15, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2011]:. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum in excess of borne by the then applicable interest rate on the Notes to the extent lawfulNotes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest] (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate If an Interest Payment Date is not a Business Day, payment may be made on the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note was issued in connection with the Exchange Offer pursuant to which the 9½% Senior Notes will due 2019 in no event be higher than like principal amount were exchanged for Exchange Notes. The Exchange Notes rank pari passu in right of payment with the maximum rate permitted by New York law as Initial Notes. For any period in which the same Initial Note exchanged for this Exchange Note was outstanding, Additional Interest may be modified by United States law of general applicationdue and owing on the Initial Note in connection with the Registration Rights Agreement.]**

Appears in 2 contracts

Samples: Supplemental Indenture (Laredo Petroleum Holdings, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Interest. (a) RyersonEclipse Resources I, Inc.LP, a Delaware corporation, or its successor limited partnership (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay or cause to be paid interest on the principal amount of this Note Security at the rate of 12.0% per annum in the case of cash interest (“NotesCash Interest”) at a fixed rate of 9and 13.0% per annumannum in the case of PIK Interest from June 26, 2013 until maturity. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually interest, if any, semi-annually in arrears on April January 15 and October 15July 15 of each year (each, commencing on April 15an “Interest Payment Date”), 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”)Day; provided, that no interest shall accrue for the intervening period. Interest on the Notes shall Securities will accrue from the most recent date to which interest has been paid or duly provided for or, if no interest has been paidpaid or duly provided for, from and including October 10, 2012the date of original issuance; provided that if there is no existing Default or Event of Default in the payment of interestthat, and if this Note Security is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be January 15, except 2014. At the Company’s option, for the first two semi-annual interest payments following the Issue Date, interest will be payable by increasing the principal amount of the outstanding Global Securities or by issuing PIK Securities (“PIK Interest”). At the Company’s option, for the subsequent four semi-annual interest payments thereafter, interest will be payable in the case form of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 16.0% per annum in excess cash and 7.0% per annum in PIK Interest. Thereafter, interest can only be paid as Cash Interest. In the absence of an interest payment election made by the Company as set forth above, interest on the Securities shall be payable as Cash Interest only. Notwithstanding anything to the contrary, the payment of accrued interest in connection with any redemption or purchase of the then Securities, as described in Sections 3.05, 4.07, 4.09 and 4.18 of the Indenture shall be made solely as Cash Interest only. At all times, PIK Interest on the Securities will be payable (x) with respect to Securities represented by one or more Global Securities registered in the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant record date, by increasing the principal amount of the outstanding Global Security by an amount equal to the amount of PIK Interest payable for the applicable interest rate period (rounded down to the nearest whole dollar) as provided in an Authentication Order from the Company to the Trustee and (y) with respect to Securities represented by Definitive Securities, by issuing PIK Securities in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded down to the nearest whole dollar), and the Trustee will, at the request of the Company, authenticate and deliver such PIK Securities for original issuance to the Holders on the Notes relevant record date, as shown by the records of the register of Holders. Following an increase in the principal amount of the outstanding Global Securities as a result of a PIK Payment, the Securities will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Securities will be dated as of the applicable Interest Payment Date and will bear interest from and after such date. All Securities issued pursuant to a PIK Payment will mature on July 15, 2018 and will be governed by, and subject to the extent lawful; it terms, provisions and conditions of, the Indenture and shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at have the same rate to rights and benefits as the extent lawfulSecurities issued on the Issue Date. Any PIK Securities will be issued with the description “PIK” on the face of such PIK Security. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp)

Interest. Xxxxxxx Xxxxx Rental, L.P., a Pennsylvania limited partnership (a) Ryersonthe "Company"), Inc.and Xxxxxxx Xxxxx Capital Corporation, a Delaware corporation, or its successor corporation (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” "AC Capital Corp." and, together with Ryersonthe Company, the "Issuers"), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 910 3/8% per annumannum from February 1, 1999 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages semi-annually on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be February 1, in which case interest shall accrue from the date of authentication1999. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Senior Subordinated Notes under the Indenture.

Appears in 2 contracts

Samples: Anthony Crane Sales & Leasing Lp, Anthony Crane Holdings Capital Corp

Interest. (a) RyersonGuitar Center Holdings, Inc., a Delaware corporation, corporation and any successor thereto (“Holdings” or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “IssuersCompany), jointly and severally, promise ) promises to pay interest on the principal amount of this 14.09% Senior PIK Note due 2018 (a Notes14.09% Senior PIK Note”) at a fixed rate of 914.09% per annum. The Issuers Holdings will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15, commencing on April October 15, 2013 or 2008 or, with respect to Cash Interest (as defined below) if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the 14.09% Senior PIK Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that (i) if there is no existing Default or Event of Default in the payment of interest, and if this 14.09% Senior PIK Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10August 6, 20122008), interest shall accrue from such next succeeding Interest Payment Date, except and (ii) in the case of the original issuance of 14.09% Senior PIK Notes, in which case interest shall accrue from the date of authenticationApril 15, 2008. The Issuers Holdings shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the 14.09% Senior PIK Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any (without regard to any applicable grace period) ), at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the 14.09% Senior PIK Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application. Cash Interest (as defined below) on the 14.09% Senior PIK Notes will accrue at fixed rate of 14.09% per annum and be payable in cash. PIK Interest on the 14.09% Senior PIK Notes will be payable (x) with respect to 14.09% Senior PIK Notes represented by one or more global notes registered in the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant record date, by increasing the principal amount of the outstanding global 14.09% Senior PIK Note by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest $1.00) and (y) with respect to 14.09% Senior PIK Notes represented by certificated notes, by issuing PIK Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable period (rounded up to the nearest whole dollar), and the Trustee will, at the request of the Company, authenticate and deliver such PIK Notes in certificated form for original issuance to the Holders on the relevant record date, as shown by the records of the register of Holders. Following an increase in the principal amount of the outstanding global 14.09% Senior PIK Notes as a result of a PIK Payment, the global 14.09% Senior PIK Notes will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Notes issued in certificated form will be dated as of the applicable interest payment date and will bear interest from and after such date. All 14.09% Senior PIK Notes issued pursuant to a PIK Payment will mature on the same date as the other 14.09% Senior PIK Notes and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as the 14.09% Senior PIK Notes issued on the Issue Date. Any certificated PIK Notes will be issued with the description PIK on the face of such PIK Note.

Appears in 2 contracts

Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise The Company promises to pay interest on the principal amount Principal Amount (as hereinafter defined) of this Note at the Interest Rate (“Notes”) at a fixed rate of 9% per annumas defined herein). The Issuers will Company shall pay accrued interest in United States dollars (except as otherwise provided herein) semiannually quarterly in arrears at the Interest Rate for such quarter on April 15 and October each January 15, commencing on April 15, 2013 or July 15, October 15 of each calendar year during the term hereof and on the Maturity Date, or, if any such day is date shall not be a Business Day, on the next succeeding Business Day to occur after such date (each date upon which interest shall be so payable, an “Interest Payment Date”). , commencing on April 15, 2017 and on each Interest Payment Date shall pay interest accrued from (but excluding) the immediately preceding date of payment of interest through and including such Interest Payment Date at the Interest Rate for such quarter; provided, however, that for so long as the Company is prohibited from paying interest on this Note in cash pursuant to the Subordination Agreement, the Loan Agreement and/or one or more senior financing arrangements to which it is subject (if any, the “Senior Financing Arrangements”), the Company shall pay all of the interest on this Note by capitalizing on the Notes shall accrue applicable Interest Payment Date all such interest (all such accrued interest capitalized from time to time is referred to herein as “PIK Interest”) and by adding such PIK Interest to the most recent date to which interest has been paid orPrincipal Amount of the applicable Note; provided, if no interest has been paidfurther, from and including October 10however, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to converted into fully paid and non- assessable Conversion Shares, the accrued but unpaid interest will also be converted into fully paid and non-assessable Conversion Shares as provided in Section 4. Interest on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest this Note shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition issuance until repayment of the Principal Amount and payment of all accrued interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawfulfull. Interest shall accrue and be computed on the basis of a 360-day year comprised the actual number of twelve 30-day monthsdays in the related period over 360 days. The PIK Interest on any Note shall be deemed for all purposes to be principal of such Note (including with respect to the accrual of interest rate on any PIK Interest amounts), whether or not such Note is marked to indicate the addition of such PIK Interest, and interest shall begin to accrue on PIK Interest beginning on and including the Interest Payment Date on which such PIK Interest is added to the Principal Amount of the related Note (including PIK Interest), and such interest shall accrue and be paid, together with the interest on the Notes will entire remaining Principal Amount of such Note, in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.accordance with this Section 2. For purposes herein,

Appears in 2 contracts

Samples: Subordination Agreement (YogaWorks, Inc.), Subordination Agreement (YogaWorks, Inc.)

Interest. (a) Ryerson, Inc.Targa Resources Partners LP, a Delaware corporation, or its successor limited partnership (together, RyersonTarga Resources Partners”), and Xxxxxx X. Xxxxxxx & Son, Inc.Targa Resources Partners Finance Corporation, a Delaware corporation, or its successor corporation (together, Co-IssuerFinance Corp.” and, together with RyersonTarga Resources Partners, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 95.375% per annumannum from October 6, 2016 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be February 1, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2017. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum then in excess of the then applicable interest rate on the Notes effect to the extent lawful; it shall and they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace period) periods), from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Corp.), Conveyance and Assumption Agreement (Targa Resources Partners LP)

Interest. (a) RyersonTV One, Inc.LLC, a Delaware corporation, or its successor limited liability Company (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.TV One Capital Corp., a Delaware corporationcorporation (“Capital Corp.”, or its successor (together, “Co-Issuer” and, and together with Ryersonthe Company, the “Issuers”), jointly and severally, promise to pay or cause to be paid interest on the principal amount of this Note (“Notes”) at a fixed rate of 910.00% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually interest, if any, monthly in arrears on April 15 and October 15the fifteenth (15th) day of each month of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, a “Monthly Interest Payment Date”); provided that the Issuers may make a one-time election (a “Semiannual Interest Payment Election”) to pay interest, if any, semiannually in arrears on the six-month anniversaries of the Monthly Interest Payment Date immediately preceding the date of the Semiannual Interest Payment Election, or if any such day is not a Business Day, on the next succeeding Business Day (each, a “Semiannual Interest Payment Date” and together with a Monthly Interest Payment Date, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to on which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interestthat, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be March 15, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2011. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the a rate equal to that is 1% per annum in excess of higher than the then applicable interest rate on the Notes to the extent lawful; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest interest, if any (without regard to any applicable grace period) ), at a rate that is 1% higher than the same then applicable interest rate on the Notes to the extent lawful. The Issuers may make a one-time Semiannual Interest shall Payment Election at any time prior to the beginning of the interest period that begins immediately prior to the Stated Maturity of this Note by delivering a written notice to the Trustee and the Holders. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 2 contracts

Samples: Global Security (Radio One, Inc.), Indenture (Radio One, Inc.)

Interest. (a) RyersonAPCOA/Standard Parking, Inc., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 914% per annumannum from January 11, 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 7 of the Registration Rights Agreement referred to below. Interest in the amount of 10% per annum will be paid in cash, and interest in the amount of 4% per annum will be paid in additional Notes (the "PIK Notes"). The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April June 15 and October 15December 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an " Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of such Notes issuance; provided PROVIDED that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; PROVIDED, except in FURTHER, that the case of the original issuance of Notesfirst Interest Payment Date shall be June 15, in which case interest shall accrue from the date of authentication2002. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. PIK Notes will be issued in denominations of $100.00 principal amount and integral multiples thereof. The amount of PIK Notes issued to any Holder will be rounded down to the nearest $100.00 with any fractional amount paid to such Holder in cash. PIK Notes will bear interest rate (including interest paid on the date of maturity of the Notes) and Liquidated Damages, if any, in a manner identical to all other Notes issued under the Indenture. On the maturity date the Company will in no event be higher than pay to the maximum rate permitted by New York law as Holder 105% of the same may be modified by United States law of general applicationprincipal amount hereof, plus interest and Liquidated Damages, if any, then due.

Appears in 2 contracts

Samples: Ap Holdings Inc, Apcoa Standard Parking Inc /De/

Interest. (a) Ryerson, Inc.ArcelorMittal, a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to société anonyme organized under Luxembourg law will pay interest on the principal amount of this Note (“Notes”) the US$1,000,000,000 Securities at a fixed rate of 97.000% per annumannum from October 8, 2009 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Second Supplemental Indenture referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture, semi-annually in arrears on April 15 and October 15, 15 of each year (each an Interest Payment Date) commencing on April 15, 2013 2010, to the Holders of Securities registered as such as of close of business on April 1 and October 1, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or if any such day the maturity date in respect of the Securities is not a Business DayDay in the Place of Payment, we will pay interest or principal, as the case may be, on the next succeeding Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Payment DatePeriod”). Interest on the Notes shall Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue from on the most recent Securities on the due date to which interest has been paid orfor their redemption, if no interest has been paidunless, from and including October 10upon such due date, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and principal is improperly withheld or refused or if this Note default is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except otherwise made in the case respect of the original issuance payment of Notesprincipal, in which case interest shall will continue to accrue from on the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal Securities at the rate equal rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to 1% per annum that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in excess respect of the then applicable interest rate on the Notes such Securities up to that seventh day, except to the extent lawful; it shall pay interest (including post-petition interest that there is failure in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate subsequent payment to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationrelevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. (a) Ryerson, Inc.Xxxxxx American Corp., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 911 3/4% per annumannum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April June 15 and October 15December 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication20__. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 2 contracts

Samples: Execution Copy (M & F Worldwide Corp), Execution Copy (M & F Worldwide Corp)

Interest. (a) Ryerson, Inc.ArcelorMittal, a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to société anonyme organized under Luxembourg law will pay interest on the principal amount of this Note (“Notes”) the US $500,000,000 Securities at a fixed rate of 96.250% per annumannum from February 28, 2012 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Sixth Supplemental Indenture referred to below. The Issuers Company will pay interest in United States dollars and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture (except as otherwise provided herein) semiannually amended by Article IV of the Sixth Supplemental Indenture referred to below), semi-annually in arrears on April 15 February 25 and October 15, August 25 of each year (each an Interest Payment Date) commencing on April 15August 25, 2013 2012, to the Holders of Securities registered as such as of close of business on February 10 and August 10, immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or if any such day the maturity date in respect of the Securities is not a Business DayDay in the Place of Payment, we will pay interest or principal, as the case may be, on the next succeeding Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Payment DatePeriod”). Interest on the Notes shall Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue from on the most recent Securities on the due date to which interest has been paid orfor their redemption, if no interest has been paidunless, from and including October 10upon such due date, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and principal is improperly withheld or refused or if this Note default is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except otherwise made in the case respect of the original issuance payment of Notesprincipal, in which case interest shall will continue to accrue from on the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal Securities at the rate equal rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to 1% per annum that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in excess respect of the then applicable interest rate on the Notes such Securities up to that seventh day, except to the extent lawful; it shall pay interest (including post-petition interest that there is failure in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate subsequent payment to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationrelevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. (a) Ryerson, Inc.ArcelorMittal, a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to société anonyme organized under Luxembourg law will pay interest on the principal amount of this Note (“Notes”) the US $1,000,000,000 Securities at a fixed rate of 96.75% per annumannum from March 7, 2011 until Maturity. Interest will be subject to adjustment in accordance with Article III of the Fourth Supplemental Indenture referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Additional Amounts, if any, pursuant to Section 10.11 of the Indenture, semi-annually in arrears on April March 1 and September 1 of each year (each an Interest Payment Date) commencing on September 1, 2011, to the Holders of Securities registered as such as of close of business on February 15 and October August 15, commencing on April 15, 2013 immediately preceding the relevant Interest Payment Date. If an Interest Payment Date or if any such day the maturity date in respect of the Securities is not a Business DayDay in the Place of Payment, we will pay interest or principal, as the case may be, on the next succeeding Business Day. Payments postponed to the next Business Day in this situation will be treated under this Indenture as if they were made on the original due date. Postponement of this kind will not result in a default under the Securities or this Indenture, and no interest will accrue on the postponed amount from the original due date to the next day that is a Business Day. Interest on the Securities will accrue from the Closing Date or, if interest has already been paid, from the date it was most recently paid (each such period, an “Interest Payment DatePeriod”). Interest on the Notes shall Securities will be calculated in accordance with Section 3.10 of the Indenture. Interest will cease to accrue from on the most recent Securities on the due date to which interest has been paid orfor their redemption, if no interest has been paidunless, from and including October 10upon such due date, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and principal is improperly withheld or refused or if this Note default is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except otherwise made in the case respect of the original issuance payment of Notesprincipal, in which case interest shall will continue to accrue from on the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal Securities at the rate equal rates set forth above, as the case may be, until the earlier of (a) the day on which all sums due in respect of such Securities up to 1% per annum that day are received by the relevant Holder or (b) the day falling seven days after the Trustee has notified the Holders of receipt of all sums due in excess respect of the then applicable interest rate on the Notes such Securities up to that seventh day, except to the extent lawful; it shall pay interest (including post-petition interest that there is failure in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate subsequent payment to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationrelevant Holders following such notification.

Appears in 2 contracts

Samples: ArcelorMittal, ArcelorMittal

Interest. Compressco Partners, L.P., a Delaware limited partnership (a) Ryersonthe “Company”), and Compressco Finance Inc., a Delaware corporation, or its successor corporation (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryersonthe Company, the “Issuers”), jointly and severally, severally promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 97.25% per annumannum until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April February 15 and October 15August 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be , except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawfulNotes; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace period) periods), from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 2 contracts

Samples: Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)

Interest. (a) RyersonTrinity Industries, Inc., a Delaware corporation (such corporation, or and its successor (togethersuccessors and assigns under the Indenture hereinafter referred to, being herein called the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) Security at a fixed the rate of 93 7 / 8 % per annum. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 June 1 and October 15December 1 of each year commencing December 1, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”)2006. Interest on the Notes shall Securities will accrue from the most recent date to which interest has been paid on the Securities or, if no interest has been paid, from and including October 10June 7, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful2006. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate Interest on Securities converted after the close of business on a Regular Record Date, but prior to the opening of business on the Notes corresponding interest payment date, will be paid to the Holder on the Regular Record Date but, upon conversion, the Holder must pay the Company the interest which has accrued and will be paid to the Holder on such interest payment date. No such payment need be made with respect to Securities in no event respect of which a Redemption Date has been declared that falls within such period or on such interest payment date. A Holder shall be higher than entitled to receive accrued and unpaid interest, including any Contingent Interest, in respect of a Security (A) if the maximum Company calls such Security for redemption and such Holder converts such Security on or prior to the Redemption Date, (B) if the Company establishes a Fundamental Change Purchase Date during the period from the close of business on any Regular Record Date to the opening of business on the corresponding interest payment date has been established that falls within this period or on such interest payment day and such Holder converts its Security prior to the Fundamental Change Purchase Date, (C) if a Holder converts the Securities following the Record Date immediately preceding the Stated Maturity, or (D) to the extent of any overdue interest, if any overdue interest exists at the time of conversion with respect to a Security. If the principal hereof or any portion of such principal is not paid when due (whether upon acceleration, upon the date set for payment of the redemption price pursuant to paragraph 6 hereof, upon the date set for payment of a Purchase Price or Fundamental Change Purchase Price pursuant to paragraph 7 hereof or upon the Stated Maturity of this Security) or if interest (including Contingent Interest, if any) due hereon or any portion of such interest is not paid when due in accordance with this paragraph, then in each such case the overdue amount shall bear interest at the rate permitted by New York law as of 3 7 / 8 % per annum, compounded semiannually (to the same may extent that the payment of such interest shall be modified by United States law legally enforceable), which interest shall accrue from the date such overdue amount was due to the date payment of general applicationsuch amount, including interest thereon, has been made or duly provided for. All such interest shall be payable on demand.

Appears in 2 contracts

Samples: Trinity Industries Inc, Indenture (Trinity Industries Inc)

Interest. (a) RyersonInnophos, Inc., a Delaware corporation, or its successor corporation (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 98.875% per annumannum from , 20 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April August 15 and October 15February 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be , except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication20 . The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 2 contracts

Samples: Indenture (Innophos, Inc.), Indenture (Innophos Investment Holdings, Inc.)

Interest. (a) Ryerson, Inc.Videotron Ltd., a Delaware corporation, or its successor corporation under the laws of Québec (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest (as defined in the Indenture) on the principal amount of this Note (“Notes”) at a fixed rate of 94.50% per annumannum until maturity. The Issuers will Company shall pay interest semi-annually in United States dollars arrears in equal installments (except as otherwise provided hereinnoted below) semiannually in arrears on April 15 and October 1515 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the date of issuance; provided, 2012; provided however, that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be April 15, in which case interest shall accrue from the date of authentication2020. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the then applicable interest rate on then in effect under the Notes to the extent lawfulIndenture and this Note; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) periods), from time to time on demand at the same rate to the extent lawful. Interest shall In the case of (i) the first interest period (from October 8, 2019 to April 15, 2020), interest will be computed calculated on the basis of the actual number of days elapsed from October 8, 2019 to (but excluding) April 15, 2020 divided by 365, and (ii) the final interest period, if applicable (from October 15, 2029 to January 15, 2030), interest will be calculated on the basis of the actual number of days elapsed from October 15, 2029 to (but excluding) January 15, 2030 divided by 365. In the case of any other interest period that is shorter than a full semi-annual interest period due to redemption, interest will be calculated on the basis of a 360365-day year comprised and the actual number of twelve 30-day monthsdays elapsed from (and including) the date of the previous interest payment to (but excluding) the interest payment date for such interest period. The For the purposes of the Interest Act (Canada), whenever interest rate is computed on a basis of a year (the Notes will in no event be higher “deemed year”) which contains fewer days than the maximum actual number of days in the calendar year of calculation, such rate permitted of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by New York law as multiplying such rate of interest by the same may be modified actual number of days in the calendar year of calculation and dividing it by United States law the number of general applicationdays in the deemed year.

Appears in 2 contracts

Samples: Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Interest. (a) RyersonSoftBrands, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & SonAtlantis Merger Sub, Inc., a Delaware corporation, or its successor (togethersuch corporations, “Co-Issuer” andand their successors and assigns under the Indenture hereinafter referred to, together with Ryerson, being herein called the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 911.5% per annumannum from July 5, 2011 until maturity and shall pay Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually semi-annually in arrears on April every July 15 and October 15January 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the date of issuance; provided, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding first Interest Payment Date (but after October 10shall be January 15, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it specified herein, and they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (including Additional Interest) (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall on the Notes will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate In addition to the rights provided to Holders of the Notes under the Indenture, Holders of [Exchange Securities] (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of July 5, 2011, among the Issuers, the Guarantors named therein and the other parties named on the Notes will signature pages thereto (the “Registration Rights Agreement”), including the right to receive Additional Interest in no event certain circumstances. If applicable, Additional Interest shall be higher than the maximum rate permitted by New York law as paid to the same may Persons, in the same manner and at the same times as regular interest. [Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be modified by United States law entitled to receive payments of general applicationinterest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.]

Appears in 1 contract

Samples: Indenture (Trisyn Group, Inc.)

Interest. (a) RyersonLinn Energy, Inc.LLC, a Delaware corporation, or its successor limited liability company (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.Linn Energy Finance Corp., a Delaware corporation, or its successor corporation (together, the Co-IssuerFinance Corp.” and, together with Ryersonthe Company, the “Issuers”), jointly and severally, severally promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 97.75% per annumannum from September 13, 2010 until maturity and shall pay Additional Interest payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Additional Interest, if any, semi-annually in arrears on April March 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day September 15 of each year (each an “Interest Payment Date”), commencing March 15, 2011. If an Interest Payment Date falls on a day that is not a Business Day, the interest payment to be made on such Interest Payment Date will be made on the next succeeding Business Day with the same force and effect as if made on such Interest Payment Date, and no additional interest will accrue solely as a result of such delayed payment. Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay (i) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of higher than the then applicable interest rate on the Notes to the extent lawful; it shall pay and (ii) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (Linn Energy, LLC)

Interest. (a) RyersonEach of JII Holdings, Inc.LLC, a Delaware corporation, or its successor limited liability company (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc.JII Holdings Finance Corporation, a Delaware corporation, or its successor corporation (together, “Co-Issuer” and, "JII Finance" and together with Ryersonthe Company, the "Issuers"), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 913% per annumannum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Article 14 of the Indenture. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the date of issuance; provided, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, except 20__. The initial interest payment made on August 1, 2004 shall be in an amount equal to the case sum of (1) interest accruing on the original issuance of Notes, in which case interest shall accrue from Notes since the date of authenticationissuance and (2) interest accruing on the Old JII Notes that are exchanged in the JII Exchange Offer from February 1, 2004 to, but not including, the date of issuance of the Notes. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Indenture (Jordan Industries Inc)

Interest. (a) RyersonThe Resort at Summxxxxx, Inc.Xxmited Partnership, a Delaware corporation, or its successor (together, “Ryerson”)Nevada limited partnership, and Xxxxxx X. Xxxxxxx & SonThe Resort at Summxxxxx, Inc.Xxc., a Delaware corporation, or its successor Nevada corporation (together, “Co-Issuer” and, together with Ryerson, the "Issuers"), jointly and severally, promise to pay interest on the principal amount of this Note at the rate and in the manner specified below. The Issuers shall pay, in cash, interest on the principal amount of this Note at the rate per annum of 13%; provided, however, that through and including June 15, 1999, on each Interest Payment Date, the Issuers may, at their option and in their sole discretion, in lieu of the payment in whole or in part of interest due on this Note, pay interest on this Note through the issuance of additional Notes in an aggregate principal amount equal to the amount of interest that would be payable with respect to this Note, if such interest were paid in cash. After June 15, 1999, the Issuers shall pay interest on this Note in cash. The Issuers shall notify the Trustee in writing of their election to pay interest on this Note through the issuance of additional Notes not less than 10 nor more than 45 days prior to the record date for the Interest Payment Date on which additional Notes will be issued. Additional Notes shall be governed by, and entitled to the benefits of, the Indenture and shall be subject to the terms of the Indenture and shall be subject to the same terms (“Notes”) at a fixed including the rate of 9% per annuminterest from time to time payable thereon) as this Note (except, as the case may be, with respect to the issuance date and aggregate principal amount). The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April June 15 and October December 15 of each year (each an "Interest Payment Date"), commencing June 15, commencing on April 151998, 2013 or if any such day is not a Business Day, Day on the next succeeding Business Day (each an “Interest Payment Date”)Day. Interest will be computed on the Notes basis of a 360-day year consisting of twelve 30-day months. Interest shall accrue from the most recent date Interest Payment Date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of the Notes. To the extent lawful, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1of 2% per annum in excess of the then applicable interest rate on the Notes to the extent lawfulNotes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periodperiods) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Resort at Summerlin Inc

Interest. (a) RyersonCEDC FINANCE CORPORATION INTERNATIONAL, Inc.INC., a company incorporated under the laws of Delaware corporation, or its successor (together, the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate and in the manner specified below. Interest on the Notes will accrue at the rate of 9% 10 percent per annum. The Issuers annum and will pay interest in United States dollars (except as otherwise provided herein) be payable semiannually in arrears on April 30 and October 31, commencing on October 31, 2013. Interest will be payable, at the election of the Issuer (made by delivering an Officer’s Certificate to the Trustee and Paying Agent at least three (3) Business Days prior to the beginning of each such interest period), (1) entirely in cash (“Cash Interest”), or (2) by increasing the principal amount of the outstanding Notes or by issuing Notes (“PIK Interest”) or (3) with a 25%/75%, 50%/50% or 75%/25% combination of Cash Interest and PIK Interest. In the absence of an interest payment election made by the Issuer as set forth in the preceding sentence, interest on the Notes shall be payable in PIK Interest. Notwithstanding the foregoing, the Issuer shall pay the first interest payment in PIK Interest. The Issuer will make each interest payment to the Holders of record on the immediately preceding April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or(and including) June 1, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful2013. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The If the due date for any payment in respect of any Note is not a Business Day at the place in which such payment is due to be paid, the Holder thereof will not be entitled to payment of the amount due until the next succeeding Business Day at such place, and will not be entitled to any further interest rate or other payment as a result of any such delay. Any PIK Interest on the Notes will be payable (x) with respect to Notes represented by one or more global Notes registered in no event the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant Interest Payment Date, by increasing the principal amount of the outstanding global Note by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar) as provided in writing by the Issuer to the Trustee and the Paying Agent and (y) with respect to Notes represented by certificated Notes, by issuing Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded down to the nearest whole dollar), and the Trustee or the Authenticating Agent will, at the written request of the Issuer, authenticate and deliver such PIK Notes in certificated form for original issuance to the holders on the relevant record date, as shown by the records of the register of Holders. Following an increase in the principal amount of any outstanding global Notes as a result of a PIK Payment, such global Note will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Notes issued in certificated form will be higher than dated as of the maximum applicable interest payment date and will bear interest from and after such date. All Notes issued pursuant to a PIK Payment will mature on April 30, 2018 and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as the Notes issued on the Issue Date. Any certificated PIK Notes will be issued with the description “PIK” on the face of such PIK Note. The Issuer shall pay, to the extent such payments are lawful, interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate permitted then borne by the Notes plus 1.0% per annum. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. If any definitive registered Notes are issued in the future, principal of, or premium and interest on any such definitive registered Notes will be payable at the office of one or more Paying Agents (as defined below) in New York law as maintained for such purposes. In addition, interest on the same definitive registered Notes may be modified paid by United States law of general applicationcheck mailed to the Person entitled thereto as shown on the register for the definitive registered Notes.

Appears in 1 contract

Samples: Central European Distribution Corp

Interest. (a) RyersonNational Waterworks, Inc., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 910.50% per annumannum from November 22, 2002 until maturity and shall pay the Special Interest, if any, payable pursuant to Section 2(c) of the Exchange and Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Special Interest, if any, semi-annually in arrears on April 15 June 1 and October 15December 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be June 1, in which case interest shall accrue from the date of authentication2003. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Special Interest, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The months Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Indenture (National Waterworks Inc)

Interest. (a) RyersonRBS Citizens Financial Group, Inc., a Delaware corporation, or its successor corporation (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Subordinated Note (“Notes”i) from June 28, 2013 to, but excluding, June 29, 2018 or any earlier applicable Redemption Date, at a fixed rate per annum of 9% per annum5.158%, computed on the basis of a 360-day year comprised of twelve 30-day months, and (ii) during each Floating Rate Interest Period, from, and including, June 29, 2018 to, but excluding, the Stated Maturity or any earlier applicable Redemption Date at a rate equal to Three-Month LIBOR for that Floating Rate Interest Period plus 3.5575%, computed on the basis of a 360-day year and the actual number of days elapsed. The Issuers Company will pay interest in United States dollars on this Subordinated Note (except as otherwise provided hereini) semiannually semi-annually in arrears on April 15 June 29 and October 15December 29 of each year, commencing beginning on April 15December 29, 2013 or and ending on June 29, 2018, or, if any such day is not a Business Day, on the next succeeding Business Day (each, a “Fixed Rate Interest Payment Date”) to the Holder of record of this Subordinated Note on the immediately preceding June 14 or December 14 (each, a “Fixed Rate Record Date”), in each case with respect to the next occurring Fixed Rate Interest Payment Date and (ii) quarterly in arrears on March 29, June 29, September 29 and December 29 of each year, beginning on September 29, 2018, or, if any such day is not a Business Day, on the next succeeding Business Day (each, a “Floating Rate Interest Payment Date”; any Fixed Rate Interest Payment Date or Floating Rate Interest Payment Date is herein referred to as an “Interest Payment Date”) to the Holder of record of this Subordinated Note on the immediately preceding March 14, June 14, September 14 and December 14 (each, a “Floating Rate Record Date”; any Fixed Rate Record Date or Floating Rate Record Date is herein referred to as a “Record Date”), in each case with respect to the next occurring Floating Rate Interest Payment Date. Interest on the Notes shall this Subordinated Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10June 28, 20122013; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding first Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationDecember 29, 2013.

Appears in 1 contract

Samples: Second Supplemental Indenture (Citizens Financial Group Inc/Ri)

Interest. (a) Ryerson, Inc.MagnaChip Semiconductor S.A., a Delaware corporation, or its successor Luxembourg public limited liability company (together, societe anonyme) (RyersonMagnaChip”), and Xxxxxx X. Xxxxxxx & Son, Inc.MagnaChip Semiconductor Finance Company, a Delaware corporation, or its successor corporation (together, Co-IssuerFinance Companyand, and together with RyersonMagnaChip, the “Issuers”), jointly and severally, severally promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9equal to 8% per annumannum from December 23, 2004 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April June 15 and October 15December 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be June 15, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2005. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (MagnaChip Semiconductor LTD (United Kingdom))

Interest. (a) Ryerson, Inc.Crown Castle International Corp., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) ------- Debenture at a fixed rate of 912 3/4% per annumannum from the date of original issuance of this Debenture (or, if this Debenture is issued in a transfer of or exchange for another Debenture, from the date on which interest was payable with respect to such other Debenture) until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages, if any, semi- annually on April June 15 and October 15December 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment ---------------- Date"); provided that the first such interest payment date shall be the first ---- such date to occur following original issuance of this Debenture. On or prior to December 15, 2003, the Company may, at its option, pay interest in cash or in additional Debentures having an aggregate principal amount equal to the amount of such interest. After December 15, 2003, the Company shall pay interest in cash only. Interest on the Notes shall Debentures will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event the date of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationDebentures. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Debenture is exchanged for one or more Regulation S Permanent Global Debentures, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Debenture shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Debentures under the Indenture.

Appears in 1 contract

Samples: Crown Castle International Corp

Interest. (a) Ryerson, Inc.UNIVERSAL CITY FLORIDA HOLDING CO. I, a Delaware corporation, or its successor Florida general partnership (together, RyersonHolding I”), and Xxxxxx X. Xxxxxxx & Son, Inc.UNIVERSAL CITY FLORIDA HOLDING CO. II, a Delaware corporationFlorida general partnership (“Holding II”), or its successor UCFH I FINANCE, INC., a Florida corporation (together“Finance I”) and UCFH II FINANCE, INC., a Florida corporation (“Finance II”), as joint and several obligors (the “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Senior Note (the “Notes”) at a fixed rate of 983/8% per annumannum from the date of the original issuance of the Notes until maturity. The Co-Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears semi-annually on April 15 May 1 and October 15November 1 of each year, commencing on April 15, 2013 or but if any such day date is not a Business Day, business day such payment may be made on the next succeeding Business Day business day with the same force and effect as if made on such day, and no interest shall accrue for the period from and after such date to the date of payment (each each, an “Interest Payment Date”), commencing May 1, 2005. Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the date of original issuance; provided, 2012; provided however, that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Co-Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal and premium, if any, from time to 1% per annum in excess of the then applicable interest rate time on the Notes demand to the extent lawfullawful at the interest rate applicable to the Notes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Universal City Florida Holding Co. I

Interest. (a) RyersonLeslie’s Poolmart, Inc., a Delaware corporation, or its successor corporation (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “IssuersIssuer), jointly and severally, promise ) promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9% per annumthe Interest Rate and to pay Liquidated Damages to the extent payable pursuant to the Registration Rights Agreement, if any. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, quarterly in arrears on April 15 10, July 10, October 10 and January 10 of each year, with the first interest payment to be made on October 1510, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”)2016. Interest on the Notes shall will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from and including October 10August 16, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if 2016. Interest on this Note is authenticated between a record date referred will accrue at the Interest Rate (as determined by an agent appointed by the Issuer to on calculate Adjusted LIBOR for the face hereof and purposes of the next succeeding Interest Payment Date Indenture (but after October 10, 2012the “Calculation Agent”), interest which may be the Issuer and which shall accrue from such next succeeding initially be the Trustee). Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised and the actual number of twelve 30days elapsed. Prior to the Disposition Date, at any time that an Event of Default under Section 6.1(a), (b), (e) or (f) of the Indenture has occurred and is continuing, interest, to the fullest extent permitted by law, shall accrue, (i) on the entire outstanding aggregate principal amount of the Notes at a rate that is 2.00% per annum above the then-day monthsapplicable Interest Rate then borne by the Notes and (ii) on all overdue interest at a rate that is 2.00% per annum above the then-applicable Interest Rate. The On and after the Disposition Date, at any time that an Event of Default under Section 6.1(a), (b), (e) or (f) of the Indenture has occurred and is continuing, all overdue amounts in respect of the Notes shall bear interest, to the fullest extent permitted by law, at 2.00% per annum above the then-applicable Interest Rate. Default interest rate shall be payable in cash on demand. Up to 4.25% of the interest accrued on the Notes during any Interest Period will be payable, in no respect of any Interest Payment Date occurring prior to the third anniversary of the Issue Date, at the election of the Issuer, by capitalizing such interest and adding it to the then outstanding principal amount of the Notes. In the event be higher than that the maximum rate permitted Issuer elects to pay interest by New York law as capitalizing accrued and unpaid interest and adding the same may to the principal amount of the Notes then outstanding (such election, the “PIK Option”), then the Issuer will deliver a written notice to the Trustee (a “PIK Notice”) no later than fifteen days prior to the beginning of the relevant Interest Period, which notice will state the total amount of interest to be modified paid on the Interest Payment Date in respect of such Interest Period and the amount of such interest to be paid as PIK Interest. The Trustee, on behalf of the Issuer, will promptly deliver a corresponding notice provided by United States law the Issuer to the Holders. Following an increase in the principal amount of general applicationthe Notes as a result of a PIK Payment, this Note will bear interest on such increased principal amount from and after the date of such PIK Payment. Unless the context requires otherwise, references to Notes or the “principal” or the “principal amount” of Notes, including for purposes of calculating any redemption price or redemption amount, shall include any increase in the principal amount of the Notes as a result of a PIK Payment. For the avoidance of doubt, interest on the Notes in respect of any Interest Period for which a PIK Notice is not delivered must be paid entirely in cash. Notwithstanding anything to the contrary herein or in the Indenture, (i) after the Permitted Change of Control Effective Date, the Issuer shall no longer be permitted to exercise the PIK Option and (ii) prior to the Disposition Date, the PIK Option cannot be selected during the Interest Period in which any Restricted Payment under Section 3.4(a), 3.4(b)(xix), (b)(xx) or (b)(xxi) of the Indenture is made or the Interest Period immediately preceding or immediately following the Interest Period in which such Restricted Payment is made.

Appears in 1 contract

Samples: Indenture (Leslie's, Inc.)

Interest. (a) RyersonB&G Foods, Inc., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9-5/8% per annumannum from August 11, 1997 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages semi-annually in arrears on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be February 1, in which case interest shall accrue from the date of authentication1998. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Indenture (RWBV Acquisition Corp)

Interest. (a) RyersonRialto Holdings, Inc.LLC, a Delaware corporation, or its successor limited liability company (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.Rialto Corporation, a Delaware corporation, or its successor corporation (together, “Co-Issuer” and, together with Ryersonthe Company, the “Issuers”), jointly and severally, promise to pay or cause to be paid interest on the principal amount of this Note (“Notes”) at a fixed rate of 97.000% per annumannum from and including November 14, 2013 until maturity. The Issuers will shall pay interest interest, if any, in United States dollars (except as otherwise provided herein) semiannually cash semi-annually in arrears on April 15 June 1 and October 15December 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding first Interest Payment Date (but after October 10shall be June 1, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2014. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes Notes, plus one percent, to the extent lawful; it they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periodperiods) from time to time on demand at the same rate equal to the then applicable interest rate on the Notes, plus one percent, to the extent lawful. Payments of the redemption price, Change of Control Payment, principal and interest that are not made when due will accrue interest per annum at the rate of interest borne by the Notes, plus one percent, from and including, the relevant payment date to, but excluding, the date on which such defaulted amounts shall have been paid by the Company in accordance with the Indenture. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (Lennar Corp /New/)

Interest. Interest on Book-Entry Securities will accrue and will be paid at the times and in the manner consistent with the description thereof in the Company's Prospectus Supplement dated _________, 1999 to the Prospectus dated _________, 1999 and the applicable Pricing Supplement thereto. Exchanges: ---------- The Trustee, at the Issuer's request, may deliver to DTC and the CUSIP Service Bureau at any time a written notice of consolidation specifying (a) Ryersonthe CUSIP numbers of two or more Global Securities outstanding on such date that represent (i) Fixed-Rate Book-Entry Notes having the same terms (other than Settlement Dates) or (ii) Floating Rate Book-Entry Securities having the same terms (other than Settlement Dates); (b) a date, Inc.at least 30 days after such written notice is delivered and at least 30 days before the next interest Payment Date for the related Book-Entry Notes, on which such Global Security shall be exchanged for a Delaware corporationsingle replacement Global Security; and (c) a new CUSIP number to be assigned to such replacement Global Security. Upon receipt of such a notice, or DTC will send to its successor participants (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., including the Trustee) a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryersonwritten reorganization notice to the effect that such exchange will occur on such date. Prior to the specified exchange date, the “Issuers”)Trustee will deliver to the CUSIP Service Bureau written notice setting forth such exchange date and the new CUSIP number and stating that, jointly as of such exchange date, the CUSIP numbers of the Global Securities to be exchanged will no longer be valid. On the specified exchange date, the Trustee will exchange such Global Securities and severallythe old CUSIP numbers for a single Global Security bearing the new CUSIP number. The CUSIP numbers of the exchanged Global Securities will, promise in accordance with CUSIP Service Bureau procedures be canceled and not immediately reassigned. Notwithstanding the foregoing, if the Global Securities to pay interest on the be exchanged exceed $200,000,000 in aggregate principal amount, one replacement Security will be authenticated and issued to represent each $200,000,000 of principal amount of this Note (“Notes”) at a fixed rate of 9% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case principal amount of the original issuance exchanged Global Securities and an additional Global Note will be authenticated and issued to represent any remaining principal amount of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationsuch Global Securities.

Appears in 1 contract

Samples: Distribution Agreement (Jostens Inc)

Interest. The interest rate for each Disbursement of the Loan shall be a per annum rate equal to the London Inter-Bank Offered Rate (a“LIBOR”) Ryersonfor a one-year deposit in U.S. dollars, Inc.as published by the Wall Street Journal (or if the Wall Street Journal is not available, a Delaware corporationcomparable source) on the date of the applicable Disbursement to Loan Recipient, or its successor plus two percent (together, “Ryerson”2%). The interest rate so determined shall apply only to the Disbursed Loan Amount being disbursed on such Disbursement date, and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, not for the “Issuers”), jointly and severally, promise to pay interest Disbursed Loan Amount outstanding before such Disbursement date. Interest shall be compounded annually on the principal amount of this Note (“Notes”) at a fixed rate of 9% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue disbursed by CIRM from the date of authenticationthe applicable Disbursement to Loan Recipient. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess For each additional year of the then applicable Loan Period beyond the fifth anniversary of the Effective Date, the interest rate shall increase from the base rate on the Notes fifth year anniversary (LIBOR plus 2%) (the “Base Rate”) as follows: one percent (1%) over the Base Rate on the fifth year anniversary in the sixth year; two percent (2%) over the Base Rate on the fifth year anniversary in the seventh year; three percent (3%) over the Base Rate on the fifth year anniversary in the eighth year; four percent (4%) over the Base Rate on the fifth year anniversary in the ninth year; and five percent (5%) over the Base Rate on the fifth year anniversary in the tenth year. If for any reason on a date a Disbursement is required to the extent lawful; it be made LIBOR is not being published or is not available, any Disbursement required to be made on such date shall pay bear interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same previously established LIBOR rate to until LIBOR is available or published (on which date such Disbursement shall begin bearing interest as provided in this Section 4.3). Any amount not paid when due hereunder shall thereafter bear interest at the extent lawful. Interest shall be computed on the basis of a 360then-day year comprised of twelve 30-day months. The applicable per annum interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationspecified hereunder, plus five percent (5%).

Appears in 1 contract

Samples: Loan Agreement (Capricor Therapeutics, Inc.)

Interest. (a) RyersonLMI Aerospace, Inc., a Delaware corporation, or its successor Missouri corporation (together, the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 97.375% per annumannum from June 19, 2014 until maturity and shall pay Additional Interest (as defined in the Registration Rights Agreement), if any, pursuant to the Registration Rights Agreement referred to below. The Issuers Issuer will pay interest semi-annually, in United States dollars (except as otherwise provided herein) semiannually in arrears arrears, on April January 15 and October 15July 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be January 15, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2015. The Issuers shall Issuer will pay interest (including postPost-petition interest Petition Interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, at the a rate that is equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall will pay interest (including postPost-petition interest Petition Interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate In addition to the rights provided to Holders of the Notes under the Indenture, Holders of Registrable Notes (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of June 19, 2014, among the Issuer, the Guarantors named therein and the other parties named on the Notes will signature pages thereto (the “Registration Rights Agreement”), including the right to receive Additional Interest in no event certain circumstances. If applicable, Additional Interest shall be higher than the maximum rate permitted by New York law as paid to the same may be modified by United States law of general applicationPersons, in the same manner and at the same times as regular interest.

Appears in 1 contract

Samples: Indenture (Lmi Aerospace Inc)

Interest. (a) RyersonCEMEX, Inc.S.A.B. de C.V., a Delaware corporationpublicly traded variable stock corporation (sociedad anónima bursátil de capital variable) organized under the laws of the United Mexican States (together with its successors and assigns, or its successor (together, the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate of 9% per annumannum shown above. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15, each Interest Payment Date of each year commencing on April 15May 19, 2013 or 2020; provided, that if any such day Interest Payment Date is not a Business Day, then such payment shall be made on the next succeeding Business Day (each an “Interest Payment Date”)Day. Interest on the Notes shall will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from and including October 10November 19, 20122019; provided provided, that if there is no existing Default or Event of Default in on the payment of interest, and if this Note is authenticated between a record date Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10November 19, 20122019), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationNovember 19, 2019. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace period) , at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Each interest rate period shall end on (but not include) the relevant interest payment date. All payments made by the Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Jurisdiction, unless such withholding or deduction is required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to each Holder of the Notes Additional Amounts as provided in no event be higher than the maximum rate permitted by New York law as Indenture subject to the same may be modified by United States law of general applicationlimitations set forth in the Indenture.

Appears in 1 contract

Samples: Indenture (Cemex Sab De Cv)

Interest. (a) Ryerson, Inc.Clarke American Corp., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “xxx xhe entities listed on the "Schedule of Co-Issuer” and, together with Ryerson, Issuers" hereto (the "Co-Issuers"), jointly and severally, promise to pay interest on the principal amount of this Floating Rate Note (“Notes”) at a fixed rate of 9% per annumthe Applicable LIBOR Rate plus 475 basis points from ________________, 20__ until maturity and shall pay the Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Issuers Company and the Co-Issuers, jointly and severally, will pay interest in United States dollars (except as otherwise provided herein) semiannually and Additional Interest, if any, quarterly in arrears on April February 15, May 15, August 15 and October 15November 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an "Interest Payment Date"). Interest on the Floating Rate Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Floating Rate Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _______, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication20__. The Issuers shall Company and the Co-Issuers, jointly and severally, will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Indenture (Harland Financial Solutions, Inc.)

Interest. Infor (a) RyersonUS), Inc., a Delaware corporation, or (such corporation, and its successor (togethersuccessors and assigns under the Indenture hereinafter referred to, being herein called the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 95.750% per annumannum from April 1, 2015 until maturity and shall pay Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually semi-annually in arrears on April every May 15 and October 15November 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Euro Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the date of issuance; provided, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding first Interest Payment Date (but after October 10shall be November 15, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2015. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; specified herein, and it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (including Additional Interest) (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall on the Euro Notes will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate In addition to the rights provided to Holders of the Euro Notes under the Indenture, Holders of Registrable Securities (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of April 1, 2015, among the Issuer, the Guarantors named therein and the other parties named on the Notes will signature pages thereto (the “Registration Rights Agreement”), including the right to receive Additional Interest in no event certain circumstances. If applicable, Additional Interest shall be higher than the maximum rate permitted by New York law as paid to the same may Persons, in the same manner and at the same times as regular interest. [Until this Temporary Regulation S Global Note is exchanged for one or more Permanent Regulation S Global Notes, the Holder hereof shall not be modified by United States law entitled to receive payments of general applicationinterest hereon; until so exchanged in full, this Temporary Regulation S Global Note shall in all other respects be entitled to the same benefits as other Euro Notes under the Indenture.]

Appears in 1 contract

Samples: Indenture (Infor, Inc.)

Interest. (a) Ryerson, Inc.Broadwing Corporation, a Delaware corporation, or its successor corporation (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) Debenture at a fixed rate of 93.125% per annumannum from ________________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 7 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April May 15 and October 15November 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall Debentures will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note Debenture is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be _____________, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication20__. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Supplemental Indenture (Broadwing Corp)

Interest. Each of AmeriServe Finance Trust, a limited purpose Delaware Business Trust (a"Fincx") Ryerson, Inc.xnd AmeriServe Capital Trust, a Delaware corporationcorporation and an agent of Fincx ("Xapital" and together with Fincx, or its successor (together, “Ryerson”xxe "Issuers"), and Xxxxxx X. Xxxxxxx & Soneither Issuers' successor, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Senior Secured Note (“Notes”) at a fixed the rate of 912% per annumannum and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will pay interest and Liquidated Damages, if any, in United States dollars (except as otherwise provided herein) semiannually semi-annually in arrears on April September 15 and October March 15, commencing on April March 15, 2013 2000, or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Senior Secured Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Senior Secured Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Senior Secured Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Senior Secured Notes to the extent lawful; it The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (Nebco Evans Holding Co)

Interest. (a) RyersonGenesis Energy, Inc.L.P., a Delaware corporation, or its successor limited liability company (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.Genesis Energy Finance Corporation, a Delaware corporation, or its successor corporation (together, Co-IssuerFinance Corp.” and, together with Ryersonthe Company, the “Issuers”), jointly and severallyseverally promise, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 95.750% per annumannum from February 8, 2013 until maturity and shall pay the Additional Interest payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Additional Interest, if any, semi-annually in arrears on April February 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day August 15 of each year (each an “Interest Payment Date”), commencing August 15, 2013. If an Interest Payment Date falls on a day that is not a Business Day, the interest payment to be made on such Interest Payment Date will be made on the next succeeding Business Day with the same force and effect as if made on such Interest Payment Date, and no additional interest will accrue solely as a result of such delayed payment. Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of original issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay (i) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to 1% per annum in excess of that is the then applicable interest rate on the Notes to the extent lawful; it shall pay and (ii) interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Supplemental Indenture (Genesis Energy Lp)

Interest. (a) Ryerson, Inc.Diamond 1 Finance Corporation, a Delaware corporation, or its successor corporation (together, RyersonXxxxx 1”), and Xxxxxx X. Xxxxxxx & Son, Inc.Diamond 2 Finance Corporation, a Delaware corporation, or its successor corporation (together, Co-IssuerXxxxx 2” and, together with RyersonXxxxx 1, the “IssuersFincos”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) 2023 Note, subject to adjustment pursuant to Section 2 of this 2023 Note, at a fixed rate of 95.450% per annumannum (the “Original Interest Rate”), from June 1, 2016 until Maturity and shall pay Special Interest, if any, payable pursuant to the Registration Rights Agreement. Upon consummation of the Transactions, (x) Xxxxx 1 will merge with and into Dell International and Dell International will assume the obligations of Xxxxx 1 pursuant to the Effective Date Issuers Supplemental Indenture and (y) Xxxxx 2 will merge with and into EMC and EMC will assume the obligations of Xxxxx 2 pursuant to the Effective Date Issuers Supplemental Indenture, in each case under this 2023 Note. The Issuers will shall pay interest in United States dollars (except as otherwise provided herein) semiannually and Special Interest, if any, semi-annually in arrears on April June 15 and October 15December 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the 2023 Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10June 1, 20122016; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding first Interest Payment Date (but after October 10shall be December 15, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2016. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum in excess of the then applicable interest rate on the 2023 Notes to the extent lawful; it the Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard and Special Interest, if any, from time to any applicable grace period) time on demand at the same interest rate to on the extent lawful2023 Notes. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the 2023 Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application. This note is one of the series designated on the face hereof (individually, a “2023 Note” and, collectively, the “2023 Notes”).

Appears in 1 contract

Samples: 2023 Notes Supplemental Indenture (Denali Holding Inc.)

Interest. (a) RyersonFerrellgas, Inc.L.P., a Delaware corporationlimited partnership (herein called the “Company”, or its which term includes any successor (together, “Ryerson”Person under the Indenture), and Xxxxxx X. Xxxxxxx & Son, Inc.Ferrellgas Finance Corp., a Delaware corporationcorporation (herein called “Finance Corp.”, or its which term includes any successor (togetherPerson under the Indenture; Finance Corp. and the Company, “Co-Issuer” and, together with Ryersoncollectively, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 96.75% per annumannum from June 8, 2015 until maturity. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually semi-annually in arrears on April June 15 and October 15December 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be December 15, in which case interest shall accrue from the date of authentication2015. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Supplemental Indenture (Ferrellgas Partners Finance Corp)

Interest. (a) Ryerson, Inc.St. Xxxx Xxxx & Exploration Company, a Delaware corporationcorporation (the “Company”, or its which term shall include any successor (together, “Ryerson”corporation under the Indenture hereinafter referred to), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) Security at a fixed the rate of 93.50% per annum. The Issuers will Company shall pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 1 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day 1 of each year (each an “Interest Payment Date”), commencing October 1, 2007. Interest on the Notes shall accrue Each payment of interest will include interest accrued from the most recent date to on which interest has been was last paid or, if no interest has not been paid, from and including October 10April 4, 2012; provided that if there is no existing Default or Event of Default in 2007, through the payment of interest, and if this Note is authenticated between a record date referred to on day before the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding relevant Interest Payment Date, except in the case of the original issuance of Notes, in which case . Cash interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Any reference herein to interest rate accrued or payable as of any date shall include any Additional Interest accrued or payable on such date as provided in the Registration Rights Agreement, Special Interest accrued or payable on such date as provided for in the Indenture or Contingent Interest accrued or payable on such date as provided for below. In addition to the interest described above, the Company shall pay contingent interest (“Contingent Interest”) to the Holders during any six-month period (a “Contingent Interest Period”) from April 1 to September 30 and from October 1 to March 31, commencing with the six-month period beginning April 1, 2012, if the average trading price of a Security for the five Trading Day period ending on the Notes will third Trading Day immediately preceding the first day of the relevant Contingent Interest Period equals $1,200 (120% of the principal amount of a Security) or more. Solely for purposes of determining whether the Company is required to pay Contingent Interest in no event be higher than accordance with this Security, the maximum rate permitted “trading price” of the Securities on any date of determination means the average of the secondary market bid quotations obtained by the Trustee for $5.0 million principal amount of Securities at approximately 3:30 p.m., New York law City time, on such determination date from three nationally recognized securities dealers the Company selects, which may include the Initial Purchasers; provided that if three such bids cannot reasonably be obtained by the Trustee, but two such bids are obtained, then the average of the two bids shall be used, and if only one such bid can reasonably be obtained by the Trustee, that one bid shall be used. If on any Trading Day the Trustee cannot reasonably obtain at least one bid for $5.0 million principal amount of Securities from a nationally recognized securities dealer, or in the reasonable judgment of the Company, the bid quotations are not indicative of the secondary market value of the Securities, then the trading price per $1,000 principal amount of Securities for that Trading Day will be deemed to be the product of the Closing Price of the Common Stock and the Conversion Rate per $1,000 principal amount of Securities. Upon a determination by the Company that Holders will be entitled to receive Contingent Interest which will become payable during a Contingent Interest Period, on or prior to the first day of such Contingent Interest Period, the Company shall provide notice in the form of an Officer’s Certificate to the Trustee setting forth the amount of such Contingent Interest per $1,000 principal amount of Securities and shall issue a press release through a public medium as is customary for such a press release. The amount of Contingent Interest payable per $1,000 principal amount of Security for any relevant Contingent Interest Period shall equal 0.25% per annum of the average trading price of such Security for the five Trading Day period ending on the third Trading Day immediately preceding the first day of the relevant Contingent Interest Period. Contingent Interest, if any, will accrue and be payable to Holders in the same may manner as regular interest, and a Holder’s obligation to pay the Company Contingent Interest in connection with the conversion of a Security will also be modified by United States law the same as regular interest. Regular Houston 3170417v.7 interest will continue to accrue at the rate of general application3.50% per year on the principal amount of the Securities whether or not Contingent Interest is paid. If this Security is redeemed pursuant to Paragraph 5 of this Security or the Holder elects to require the Company to purchase this Security pursuant to Paragraph 7 of this Security, on a date that is after the Regular Record Date and prior to the corresponding Interest Payment Date, interest accrued and unpaid hereon to, but not including, the applicable Redemption Date or Fundamental Change Purchase Date, will be paid to the Holder in whose name such Security is registered at the close of business on the Regular Record Date immediately preceding the applicable Redemption Date or Fundamental Change Purchase Date. Interest on Securities converted after the close of business on a Regular Record Date but prior to the opening of business on the corresponding Interest Payment Date will be paid to the Holder of the Securities on each Regular Record Date but, upon conversion, the Holder must pay the Company the interest which has accrued and will be paid on such Interest Payment Date except as provided in the Indenture. No sinking fund is provided for the Securities.

Appears in 1 contract

Samples: Indenture (St Mary Land & Exploration Co)

Interest. (a) Ryerson, Inc.Integra LifeSciences Holdings Corporation, a Delaware corporation, or its corporation (the "COMPANY," which term shall include any successor (together, “Ryerson”corporation under the Indenture hereinafter referred to), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate of 92 1/2% per annum. The Issuers will Company shall pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April March 15 and October September 15 of each year, commencing September 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”)2006. Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10September 15, 20122006; provided PROVIDED, HOWEVER, that if there is no not an existing Default or Event of Default default in the payment of interest, interest and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)interest payment date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawfulpayment date. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Company shall pay contingent interest rate to the Holders on March 15, 2008, if the Closing Price of the Common Stock on February 15, 2008 (the "MEASUREMENT DATE") is equal to or greater than 110% of the Conversion Price in effect on the Measurement Date. The amount of contingent interest payable per $1,000 principal amount of Notes will equal the sum for each of the twelve-month periods ended March 15, 2006, March 15, 2007 and March 15, 2008 of the greater of (x) 0.50% per annum of $1,000 principal amount of Notes and (y) the aggregate amount of regular cash dividends that would have been paid on the number of shares of Common Stock into which a $1,000 principal amount of Notes were convertible on the Measurement Date (assuming such Notes were then convertible) if such shares were issued and outstanding throughout such twelve-month period. The Company will pay contingent interest, if any, in no event be higher than the maximum rate permitted by New York law as the same may manner as it will pay interest as described below. The contingent interest will be modified determined by United States law of general applicationthe Company, which shall be evidenced by an Officers' Certificate delivered to the Trustee. Upon determination that Holders will be entitled to receive contingent interest, the Company shall issue a press release and publish such information on its web site.

Appears in 1 contract

Samples: Integra Lifesciences Holdings Corp

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Interest. (a) Ryerson, Inc.Broadwing Corporation, a Delaware corporation, or its successor corporation (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) Debenture at a fixed rate of 93.125% per annumannum from ______________, 20__ until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 7 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April May 15 and October 15November 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall Debentures will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note Debenture is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be ______________ , except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication20__ . The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Debenture is exchanged for one or more Regulation S Permanent Global Debentures, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Debenture shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Debentures under the Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Broadwing Corp)

Interest. (a) Ryerson, Inc.Regency Energy Partners LP, a Delaware corporation, or its successor limited partnership (together, RyersonRegency Energy Partners”), and Xxxxxx X. Xxxxxxx & Son, Inc.Regency Energy Finance Corp., a Delaware corporation, or its successor corporation (together, Co-IssuerFinance Corp.” and, together with RyersonRegency Energy Partners, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 99 3/8% per annumannum from May 20, 2009 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April 15 June 1 and October 15December 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be December 1, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2009. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum then in excess of the then applicable interest rate on the Notes effect to the extent lawful; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace period) periods), from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (Regency Energy Partners LP)

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise The Issuer promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate [5.250%] / [5.500%] per annum from the date of 9% per annumissuance until maturity and shall pay the Additional Amounts payable pursuant to Section 4.18 of the Indenture referred to below. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually and Additional Amounts semi-annually in arrears on April May 15 and October 15November 15 of each year or, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date Regular Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notes, in which case interest first Interest Payment Date shall accrue from the date of authenticationbe ___________. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy bankruptcy, insolvency, reorganization or other similar Law) on overdue principal and premium, if any, at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy bankruptcy, insolvency, reorganization or other similar Law) on overdue installments of interest and Additional Amounts (without regard to any applicable grace periodperiods) at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The [Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.]

Appears in 1 contract

Samples: Liberty Global PLC

Interest. (a) RyersonAMC Entertainment Holdings, Inc., a Delaware corporation, or its successor corporation (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note at the rate per annum shown above (subject to the remainder of this section). The Company will pay interest semiannually, in arrears, on July 15 and January 15 of each year, commencing July 15, 2021. The Notes will bear cash interest (“NotesCash Interest”) at a fixed rate of 915% per annum payable semi-annually in arrears; provided, interest for the first three interest payment dates following the Issue Date may, at the Company’s option (a “PIK Election”), be paid by increasing the principal amount of the outstanding Notes or if, and in the limited circumstances where, the Notes are no longer held in global form, by issuing additional Notes (“PIK Notes”) (rounded up to the nearest $1.00) (“PIK Interest”) under the Indenture, having the same terms and conditions as the Initial Notes (in each case, a “PIK Payment”), in either case at a rate of 17% per annum. The Issuers For all interest periods after the first three interest periods, interest will pay interest be payable solely in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October cash at a rate of 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”)% per annum. Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawfulissuance. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The If an Event of Default shall have occurred and is continuing (including but not limited to the failure of Issuer to make a payment of principal or interest rate when due or the occurrence of an applicable bankruptcy or other insolvency proceeding), interest shall accrued on the outstanding amount of the Notes will in no event be higher than at the maximum rate Default Rate (both before and after Note Trustee has obtained a judgment with respect to the Notes), to the full extent permitted by New York law as applicable law. Payment or acceptance of the same may be modified increased rates provided for in this section is not a permitted alternative to timely payment or full performance by United States law the Company and shall not constitute a waiver of general applicationany Default or Event of Default or an amendment to this Indenture or any or otherwise prejudice or limit any rights or remedies of the Trustee or the Holders.

Appears in 1 contract

Samples: Security Agreement (Amc Entertainment Holdings, Inc.)

Interest. (a) Ryerson, Inc.Icahn Enterprises L.P., a Delaware corporationlimited partnership (“Icahn Enterprises”) and Icahn Enterprises Finance Corp., or its successor a Delaware corporation (together“Icahn Enterprises Finance”, together with Icahn Enterprises, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 96.000% per annumannum from ________________, 20___ until maturity and shall pay the Special Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Special Interest, if any, semi-annually in arrears on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be ________________, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication20___. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect to the extent lawful; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Special Interest, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (Icahn Enterprises Holdings L.P.)

Interest. (a) Ryerson, Inc.Medaphis Corporation, a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 99 1/2% per annumannum from February 20, 1998 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages, if any, semi-annually on April February 15 and October 15August 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be August 15, in which case interest shall accrue from the date of authentication1998. The Issuers Company shall pay interest (including post-petition interest Accrued Bankruptcy Interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum then in excess of the then applicable interest rate on the Notes to the extent lawfuleffect; it shall pay interest (including post-petition interest Accrued Bankruptcy Interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shal in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Indenture (Medaphis Corp)

Interest. (a) RyersonQR Energy, Inc.LP, a Delaware corporation, or its successor limited partnership (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.QRE Finance Corporation, a Delaware corporation, or its successor corporation (together, (Co-IssuerFinance Corp.and, and together with Ryersonthe Company, the “Issuers”), ) jointly and severally, severally promise to pay or cause to be paid interest on the principal amount of this Note (“Notes”) at a fixed rate of 99.25% per annumannum from July 30, 2012 until maturity and shall pay the Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Additional Interest, if any, semi-annually in arrears on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that that, if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be February 1, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2013. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of higher than the then applicable interest rate on the Notes to the extent lawful; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any (without regard to any applicable grace period) ), from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (QR Energy, LP)

Interest. (a) RyersonInterest on the principal amount of the Notes will accrue at 9.50% per annum from the Issue Date until maturity; provided, Inc.however, a Delaware corporationthat for any interest accruing prior to December 31, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson2021, the “Issuers”), jointly and severally, promise Company may elect to pay interest on the then outstanding principal amount of this Note the Notes at a rate of 12.50% per annum (the “PIK Interest Rate”) in respect of any such interest accruing prior to December 31, 2021, with a portion of such PIK Interest Rate equal to 3.00% per annum payable in cash and the remaining portion of such PIK Interest Rate equal to 9.50% per annum deferred until maturity (the “PIK Interest”), with the obligation to pay such PIK Interest to be evidenced by increasing the principal amount of the relevant outstanding Notes or by issuing additional Notes (“PIK Interest Notes”) at in a fixed rate of 9% per annumprincipal amount equal to such interest (the “PIK Payment”). The Issuers Interest will pay interest in United States dollars (except as otherwise provided herein) semiannually be payable semi-annually in arrears on April 15 May 31 and October 15November 30, commencing beginning on April 15December 2, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”)2019. Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall will accrue from the date of authenticationoriginal issuance or, if interest has already been paid, from the date it was most recently paid. Interest will be computed on the basis of a 365-day or 366-day year, as applicable. For the purposes of the Interest Act (Canada), the annual rate of interest in any year during which the Notes are Outstanding which is equivalent to the interest rate under the Indenture shall be determined by multiplying the interest rate provided under the Indenture by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360. If a payment date is a Legal Holiday at a Place of Payment, payment may be made at that place on the next succeeding day that is not a Legal Holiday, and no interest shall accrue on such payment for the intervening period. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any applicable Bankruptcy Law) on overdue principal and premium, if any, at the rate equal to 1% per annum in excess of the then applicable interest rate on specified in the Notes to the extent lawful; and it shall will pay interest (including post-petition interest in any proceeding under any applicable Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will ; in no event be higher than the maximum rate permitted by New York law each case as the same may be modified by United States law increased pursuant to the terms of general applicationSection 1001 of the Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Bellatrix Exploration Ltd.)

Interest. (a) Ryerson, [Akumin Inc., a Delaware corporation, or its successor corporation]6 (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “IssuersIssuer), jointly and severally, promise ) promises to pay interest on the principal amount of this Note at the rate and in the manner specified below. Interest will accrue (i) from the period between [EMERGENCE DATE] and November 1, 2025, in cash at 8.000% per annum, and (ii) after November 1, 2025, at the election of the Issuer, (A) in cash at a rate of 9.000% (“NotesFull Cash Interest), or (B) at a fixed rate of 98.000% per annumannum in cash (“Partial Cash Interest”) and 2.000% per annum by increasing the principal amount of the outstanding Notes (“PIK Interest”) by issuing additional notes under the indenture having the same terms as the Notes offered hereby (such increased principal amount of Notes, “PIK Interest Additional Notes”). The Issuers interest payable on the First Interest Payment Date shall equal an amount equal to the sum of (a) the amount of interest calculated in accordance with the immediately preceding sentence and (b) $[ ]7. If the Issuer pays a portion of the interest on the Notes as Partial Cash Interest and pays a portion as PIK Interest, such Partial Cash Interest and PIK Interest shall be paid to holders of the Notes pro rata in accordance with their interests. Interest will pay interest be payable semi-annually in United States dollars (except as otherwise provided herein) semiannually cash, or after November 1, 2025, in arrears cash or in a combination of Partial Cash Interest and PIK interest, on April 15 each May 1 and October 15November 1, commencing on April 15May 1, 2013 2024 (the “First Interest Payment Date”), or if any such day is not a Business Day, Day on the next succeeding Business Day (each each, an “Interest Payment Date”)) to Holders of record of the Notes at the close of business on the immediately preceding April 15 and October 15, whether or not a Business Day. Interest will be computed on the Notes basis of a 360-day year consisting of twelve 30-day months. Interest shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationoriginal issuance. The Issuers To the extent lawful, the Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawfulNotes; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periodperiods) at the same rate to the extent lawful. For all interest periods commencing after November 1, 2025, the Issuer must elect the form(s) of interest payment by delivering a written notice to the Trustee prior to the commencement of the relevant interest period, which notice shall state the total amount of interest to be paid as Full Cash Interest or Partial Cash Interest on such interest payment date and the amount of such interest to be paid as PIK Interest. Trustee shall make such notice available to holders of the Notes. In the absence of such an election for any interest period, interest on the Note shall be computed on payable after November 1, 2025 according to the basis election for the immediately preceding interest period or, in the case of a 360-day year comprised of twelve 30-day months. The the first interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law period, as the same may be modified by United States law of general application9.000% per annum as Full Cash Interest.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Akumin Inc.)

Interest. (a) Ryerson, Inc.NORANDA ALUMINUM ACQUISITION CORPORATION, a Delaware corporation (such corporation, or and its successor (togethersuccessors and assigns under the Indenture hereinafter referred to, being herein called the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) Security semiannually in arrears on April each May 15 and October November 15 commencing on November 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”)2007. Interest on the Notes shall Securities will accrue from the Issue Date or the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012or provided for until the principal hereof is due; provided that if there is no existing Default or Event of Default interest with respect to a PIK Payment (as defined below) will accrue in accordance with the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawfulterms discussed below. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. Interest for the first Interest Period commencing on the Issue Date shall be payable in cash. For any Interest Period following such first Interest Period through May 15, 2011, the Company may, at its option, elect to pay interest on the Securities (i) entirely in cash (“Cash Interest”), (ii) entirely by increasing the principal amount of the outstanding Securities or by issuing Additional Securities (“PIK Interest”) or (iii) 50% as Cash Interest and 50% as PIK Interest. The Company must elect the form of interest payment with respect to each Interest Period by delivering a notice to the Trustee prior to the beginning of each Interest Period. The Trustee shall promptly deliver a corresponding notice to the holders. In the absence of such an election for any Interest Period, interest on the Securities will be payable in the form of the interest payment for the prior Interest Period. After May 15, 2011, the Company will make all interest payments on the Securities in Cash Interest only. Cash Interest on the Securities will accrue at a rate per annum, reset semiannually, equal to LIBOR plus 4.00%, as determined by the Calculation Agent. PIK Interest on the Securities will accrue at the Cash Interest rate per annum plus 0.75% and be payable (x) with respect to the Securities represented by one or more global notes registered in the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant record date, by increasing the principal amount of the outstanding Securities represented by such global notes by an amount equal to the amount of PIK Interest for the applicable Interest Period (rounded up to the nearest whole dollar) (and/or by issuing new global notes authenticated and delivered by the Trustee) and (y) with respect to Securities represented by certificated notes, by issuing Additional Securities in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable Interest Period (rounded up to the nearest whole dollar) and the Trustee will, at the request of the Company, authenticate and deliver such Additional Securities in certificated form for original issuance to the holders on the relevant record date, as shown by the Register. The payment of PIK Interest according to sections (x) and (y) of this paragraph shall be known as a “PIK Payment.” Following an increase in the principal amount of the outstanding Securities represented by global notes as a result of a PIK Payment, such Securities will bear interest on such increased principal amount from and after the date of such PIK Payment. Any Additional Securities issued in certificated form will be dated as of the applicable interest payment date and will bear interest from and after such date. All Additional Securities issued pursuant to a PIK Payment will mature on May 15, 2015 and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as the Securities issued on the Issue Date. Any certificated Additional Securities will be issued with the description “PIK” on the face of each such Additional Security. The amount of interest for each day that the Securities are outstanding (the “Daily Interest Amount”) will be calculated by dividing the interest rate in effect for such day by 360 and multiplying the result by the principal amount of the Securities. The amount of interest to be paid on the Securities for each Interest Period will be calculated by adding the Daily Interest Amounts for each day in the Interest Period. All percentages resulting from any of the above calculations will be rounded, if necessary, to the nearest one hundred thousandth of a percentage point, with five one-millionths of a percentage point being rounded upwards (e.g., 9.876545% (or .09876545) being rounded to 9.87655% (or .0987655)) and all dollar amounts used in or resulting from such calculations will be rounded to the nearest cent (with one-half cent being rounded upwards). The interest rate on the Notes Securities will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application. The Calculation Agent will, upon the request of any holder of Securities, provide the interest rate then in effect with respect to the Securities. Additional interest is payable with respect to the Securities in certain circumstances if the Company does not consummate the exchange offer (or shelf registration, if applicable) pursuant to the terms of the Registration Rights Agreement between the Company, the Guarantors and the Initial Purchasers entered into as of the date hereof. Any additional interest on the Securities will be payable in the same form of payment elected by the Company for the payment of interest with respect to the applicable Interest Period.

Appears in 1 contract

Samples: Indenture (Noranda Aluminum Acquisition CORP)

Interest. (a) RyersonFrank's Nursery & Crafts, Inc., a Delaware corporation, or its successor Michigan corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise xromises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 910 1/4% per annumannum from February 26, 1998 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will Company shall pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages semi-annually on April 15 March 1 and October 15September 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be September 1, in which case interest shall accrue from the date of authentication1998. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is the rate equal to 1% per annum then in excess of the then applicable interest rate on the Notes to the extent lawfuleffect; it shall pay interest (including post-post- petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Franks Nursery & Crafts Inc

Interest. Stewart & Stevenson LLC (a) Ryerson, Inc.the "Company"), a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx limited liability xxxxxxatixx xxx Xxewart & Son, Inc.Stevenson Corp., a Delaware corporationcorporation (such companies, or its successor (togetheranx xxxxx suxxxxxxxx and assigns under the Indenture hereinafter referred to, “Co-Issuer” and, together with Ryerson, being herein called the "Issuers"), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) Security at a fixed the rate of 9% per annumannum shown above. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears semi-annually on April January 15 and October July 15, commencing on April January 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”)2007. Interest on the Notes shall Securities will accrue from the most recent date to which interest has been paid on the Securities or, if no interest has been paid, from and including October 10July 6, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2006. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable and on overdue premium, if any (plus interest rate on the Notes such interest to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) ), at the same rate borne by the Securities to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The [If an exchange offer (the "Exchange Offer") registered under the Securities Act is not consummated or a shelf registration statement (the "Shelf Registration Statement") under the Securities Act with respect to resales of the Securities is not declared effective by the SEC on or before the date that is 270 days after the Issue Date (the "Target Registration Date") in accordance with the terms of the Registration Rights Agreement dated July 6, 2006 among the Issuers, the Subsidiary Guarantors and the Initial Purchaser, the annual interest rate on borne by the Notes will Securities shall be increased from the rate shown above by (i) 0.25% per annum for the first 90-day period immediately following the Target Registration Date and (ii) an additional 0.25% per annum with respect to each subsequent 90-day period, in no event each case until the Exchange Offer is completed or the Shelf Registration Statement, if required, is declared effective by the SEC or the Securities become freely tradable under the Securities Act, up to a maximum of 1.00% per annum of additional interest. If the Issuers receive a request (a "Shelf Request") from an Initial Purchaser representing that it holds Securities that are or were ineligible to be higher than exchanged in the Exchange Offer and requesting that a Shelf Registration Statement be filed due to an unsold allotment of Securities held by such Initial Purchaser, and the Shelf Registration Statement is not declared effective by the SEC by the later of (x) 150 days after the Issue Date and (y) 90 days after the delivery of such Shelf Request (the "Shelf Additional Interest Date"), the annual interest rate borne by such Securities held by the Initial Purchaser shall be increased from the rate shown above by (i) 0.25% per annum for the first 90-day period immediately following the Shelf Additional Interest Date and (ii) an additional 0.25% per annum with respect to each subsequent 90-day period, in each case until the Shelf Registration Statement is declared effective or the Securities become freely tradable under the Securities Act, up to a maximum rate permitted by New York law as of 1.00% per annum of additional interest. The Holder of this Security is entitled to the same may be modified by United States law benefits of general applicationsuch Registration Rights Agreement.]

Appears in 1 contract

Samples: Stewart & Stevenson LLC

Interest. (a) RyersonCEDC FINANCE CORPORATION INTERNATIONAL, Inc.INC., a company incorporated under the laws of Delaware corporation, or its successor (together, the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate and in the manner specified below. Interest on the Notes will accrue at the rate of 9% 10 percent per annum. The Issuers annum and will pay interest in United States dollars (except as otherwise provided herein) be payable semiannually in arrears on April 30 and October 31, commencing on [October 31, 2013]. Interest will be payable, at the election of the Issuer (made by delivering an Officer’s Certificate to the Trustee and Paying Agent at least three (3) Business Days prior to the beginning of each interest period), (1) entirely in cash (“Cash Interest”), or (2) by increasing the principal amount of the outstanding Notes or by issuing Notes (“PIK Interest”) or (3) with a 25%/75%, 50%/50% or 75%/25% combination of Cash Interest and PIK Interest. In the absence of an interest payment election made by the Issuer as set forth in the preceding sentence, interest on the Notes shall be payable in PIK Interest. Notwithstanding the foregoing, the Issuer shall pay the first interest payment in PIK Interest. The Issuer will make each interest payment to the Holders of record on the immediately preceding April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall will accrue from (and including) the most recent date to which interest has been paid orearlier of (x) [ ] and (y) June 1, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful2013. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The If the due date for any payment in respect of any Note is not a Business Day at the place in which such payment is due to be paid, the Holder thereof will not be entitled to payment of the amount due until the next succeeding Business Day at such place, and will not be entitled to any further interest rate or other payment as a result of any such delay. Any PIK Interest on the Notes will be payable (x) with respect to notes represented by one or more global Notes registered in no event the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant Interest Payment Date, by increasing the principal amount of the outstanding global Note by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar) as provided in writing by the Issuer to the Trustee and the Paying Agent and (y) with respect to Notes represented by certificated Notes, by issuing Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded down to the nearest whole dollar), and the Trustee or the Authenticating Agent will, at the written request of the Issuer, authenticate and deliver such PIK Notes in certificated form for original issuance to the holders on the relevant record date, as shown by the records of the register of Holders. Following an increase in the principal amount of any outstanding global Notes as a result of a PIK Payment, such global Note will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Notes issued in certificated form will be higher than dated as of the maximum applicable interest payment date and will bear interest from and after such date. All Notes issued pursuant to a PIK Payment will mature on April 30, 2018 and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as the Notes issued on the Issue Date. Any certificated PIK Notes will be issued with the description “PIK” on the face of such PIK Note. The Issuer shall pay, to the extent such payments are lawful, interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate permitted borne by the Notes plus 1.0% per annum. Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months. If the due date for any payment in respect of any Note is not a business day at the place in which such payment is due to be paid, the Holder thereof will not be entitled to payment of the amount due until the next succeeding business day at such place, and will not be entitled to any further interest or other payment as a result of any such delay. If any definitive registered Notes are issued in the future, principal of, or premium and interest on any such definitive registered Notes will be payable at the office of one or more Paying Agents (as defined below) in New York law as maintained for such purposes. In addition, interest on the same definitive registered Notes may be modified paid by United States law of general applicationcheck mailed to the Person entitled thereto as shown on the register for the definitive registered Notes.

Appears in 1 contract

Samples: CEDC Finance Corp LLC

Interest. Prior to December 15, 2009 (athe "Full Accretion Date") Ryerson, Inc.interest will accrue on the Notes in the form of an increase in the accreted value of the Notes. Thereafter Xxxxxxx Company, a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount at maturity of this Note (“Notes”) at a fixed rate of 910.0% per annumannum from December 15, 2009 until maturity and shall pay the Special Interest, if any, payable pursuant to Section 2 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually and Special Interest, if any, semi-annually in arrears on April June 15 and October 15December 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an "Interest Payment Date"). Interest No cash interest will accrue on the Notes shall prior to December 15, 2009, although for U.S. federal income tax purposes a significant amount of original issue discount, taxable as ordinary income, will be recognized by a Holder as such discount accretes. The accreted value of each note will increase on a daily basis from the date of issuance until December 15, 2009 at a rate of 10% per annum, reflecting the accrual of non-cash interest, such that the accreted value will equal the principal amount at maturity on December 15, 2009. Cash interest will accrue on the notes at the rate per annum of 10% from December 15, 2009, or from the most recent date to which interest has been paid or, if no interest has been paid, from semi-annually on June 15 and including October 10December 15 of each year, 2012; provided that if there is no existing Default or Event commencing June 15, 2010, to the Holders of Default in record at the close of business on June 1 and December 1 immediately preceding the interest payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationdate. The Issuers shall Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Special Interest, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Simmons Co

Interest. (a) Ryerson, Inc.Stripes Acquisition LLC, a Delaware corporationlimited liability company (to be merged with and into Susser Holdings, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc.L.L.C., a Delaware corporationlimited liability company) (the “Company”) and Susser Finance Corporation, or its successor a Delaware corporation (together, Co-IssuerSFC,” and, together with Ryersonthe Company, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 910 5/8% per annumannum from December 15, 2005 until maturity and shall pay the Additional Interest, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) and Additional Interest, if any, semiannually in arrears on April June 15 and October 15December 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be June 15, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2006. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is equal to the rate equal to 1% per annum then in excess of the then applicable interest rate on the Notes to the extent lawfuleffect; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Note, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Susser Holdings CORP)

Interest. (a) Ryerson, Inc.Central European Media Enterprises Ltd., a Delaware corporation, or its successor company organized under the laws of Bermuda (together, the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”as defined herein) at a fixed the rate of 915.0% per annum. The Issuers Interest on this Note will pay interest in United States dollars (except as otherwise provided herein) semiannually be payable semi-annually in arrears on April 15 June 1 and October 15December 1, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Dateinterest payment date”). Interest on the Notes shall this Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the Issue Date. The Issuer promises to pay such interest on the Notes on any interest payment date entirely by (i) paying cash (“Cash Interest”) on such interest payment date or (ii) increasing the principal amount of the outstanding Notes (“PIK Interest”) on such interest payment date. With respect to interest on the Notes for a semi-annual period due on an interest payment date, 2012; provided the Issuer may elect, at its option, to pay interest due on the Notes on such interest payment date (i) entirely in Cash Interest at the rate of 15.0% per annum (“Cash Interest Payment”) or (ii) entirely in PIK Interest at the rate of 15.0% per annum (“PIK Interest Payment”). In order to elect to pay Cash Interest on any interest payment date, the Issuer must deliver a written notice of its election to the Trustee no later than 10 days prior to such interest payment date (the “Cash Election Deadline”) specifying that it is electing a Cash Interest Payment (and if there is no existing Default the Issuer does not deliver such notice on or Event prior to the Cash Election Deadline, then a PIK Interest Payment shall be made on such interest payment date). Notwithstanding the foregoing, the Issuer shall be deemed to have elected to make a PIK Interest Payment with respect to the entire principal amount of Default the Notes for all interest payment dates occurring prior to November 15, 2015. PIK Interest on the Notes will be payable in the manner set forth in Section 2.17 of the Indenture. Following an increase in the principal amount of the outstanding Notes as a result of the payment of interestPIK Interest, the Notes will bear interest on such increased principal amount from and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationsuch payment. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) and on overdue installments of interest (without regard to and on any applicable grace period) at Additional Amounts as specified in the same rate Indenture. Any interest paid on this Note shall be increased to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law necessary to pay Additional Amounts as the same may be modified by United States law of general applicationset forth herein.

Appears in 1 contract

Samples: Indenture (Central European Media Enterprises N.V.)

Interest. (a) Ryerson, Inc.NGL Energy Partners LP, a Delaware corporation, or its successor limited partnership (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.NGL Energy Finance Corp., a Delaware corporation, or its successor corporation (together, “Co-Issuer” and, together with Ryersonthe Company, the “Issuers”), jointly and severally, severally promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 96.875% per annumannum until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April 15 and October 1515 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be April 15, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2014. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawfulNotes; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace period) periods), from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (NGL Energy Partners LP)

Interest. CEMEX España, S.A. acting through its Luxembourg Branch, CEMEX España, S.A., Luxembourg Branch (a) Ryersontogether with its successors and assigns, Inc., a Delaware corporation, or its successor (together, the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate of 9% per annumannum shown above. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October each Interest Payment Date of each year commencing November 15, commencing on April 15, 2013 or 2010; provided that if any such day Interest Payment Date is not a Business Day, then such payment shall be made on the next succeeding Business Day (each an “Interest Payment Date”)Day. Interest on the Notes shall will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from and including October 10May 12, 20122010; provided that if there is no existing Default or Event of Default in on the payment of interest, and if this Note is authenticated between a record date Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10May 12, 20122010), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationMay 12, 2010. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace period) , at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on All payments made by the Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Authority, unless such withholding or deduction is required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to each Holder of the Notes Additional Amounts as provided in no event be higher than the maximum rate permitted by New York law as Indenture subject to the same may be modified by United States law of general applicationlimitations set forth in the Indenture.

Appears in 1 contract

Samples: Cemex Sab De Cv

Interest. (a) RyersonAngiotech Pharmaceuticals, Inc., a Delaware corporation, or its successor corporation organized under the Laws of British Columbia (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9% per annum, reset quarterly, equal to LIBOR plus 3.75%, as determined by the Calculation Agent, until maturity. Notwithstanding the foregoing, if at any time the LIBOR rate as so determined is less than 1.25%, the LIBOR rate shall be deemed to be 1.25%. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually quarterly in arrears on April 15 each March 1, June 1, September 1, and October 15December 1, commencing on April 15of each year, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be , except 20 . The amount of interest for each day that the Notes are outstanding (the “Daily Interest Amount”) will be calculated by dividing the interest rate in effect for such day by 360 and multiplying the case result by the principal amount of the original issuance of Notes, in which case interest shall accrue from the date of authenticationNotes outstanding on such day. The Issuers shall pay amount of interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate be paid on the Notes for each Interest Period will be calculated by adding the Daily Interest Amounts for each day in the Interest Period. For the purposes of the Interest Act (Canada), the yearly rate of interest, to the extent lawful; it shall pay which interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be computed calculated on the basis of a year of 360 days is equivalent, is the rate of interest payable under the Notes multiplied by the number of days in the year divided by 360. All percentages resulting from any of the above calculations will be rounded, if necessary, to the nearest one hundred thousandth of a percentage point, with five one-day year comprised millionths of twelve 30a percentage point being rounded upwards (e.g., 9.876545% (or .09876545) being rounded to 9.87655% (or .0987655) and all dollar amounts used in or resulting from such calculations will be rounded to the nearest cent (with one-day monthshalf cent being rounded upwards). The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application, or the maximum rate permitted by Canadian law. The Calculation Agent will, upon request of any Holder of Notes, provide the interest rate then in effect with respect to the Notes. All calculations made by the Calculation Agent in the absence of manifest error will be conclusive for all purposes and binding on the Company, the Guarantors and the Holders of the Notes. Interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and interest, if any, will accrue at a rate that is 1% per annum in excess of the Daily Interest Amount and the Company will pay interest on overdue installments of interest at such higher rate to the extent lawful.

Appears in 1 contract

Samples: Intercreditor Agreement (Angiotech Pharmaceuticals Inc)

Interest. The Xxxxxxx Xxxxxx Corporation (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “IssuersIssuer), jointly and severally, promise ) promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9% per annum, reset quarterly, equal to Compounded SOFR plus 0.500%, all as determined by the Calculation Agent as provided for in the Indenture (as defined below). The Issuers Interest on the Notes will pay interest in United States dollars (except as otherwise provided herein) semiannually be payable quarterly in arrears on April 15 March 18, June 18, September 18 and October 15December 18 of each year (each, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”), commencing June 18, 2021, until the principal thereof is paid or made available for payment. The interest rate for each Interest Period will be calculated by the Calculation Agent on the applicable Interest Payment Determination Date using Compounded SOFR with respect to the applicable Observation Period relating to the Interest Period. The Calculation Agent will then add the spread of 0.50% per annum to Compounded SOFR as determined on the Interest Payment Determination Date. Absent manifest error, the Calculation Agent’s determination of the interest rate for an Interest Period for the Notes will be binding and conclusive on the Holders, the Trustee and Paying Agent, and the Issuer. The initial Interest Period is March 18, 2021 through June 18, 2021. Cash interest on the Notes shall will accrue from the most recent date to which interest has been paid paid; or, if no interest has been paid, from and including October 10March 18, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if 2021. Interest on this Note is authenticated between a record date referred will be paid to on but excluding the face hereof and the next succeeding relevant Interest Payment Date (but after October 10or on such earlier date as the principal amount shall become due in accordance with the provisions hereof. Interest will be payable to the holder of record on the Regular Record Date, 2012)provided, however, interest shall accrue from such next succeeding payable on the Stated Maturity will be paid to the person to whom the principal will be payable. Interest on the Notes will be computed on the basis of the actual number of days in each Interest Period and a 360-day year. If any Interest Payment Date, except in Redemption Date or the case Stated Maturity of the original issuance Notes is not a Business Day, then the related payment of Notesinterest and/or principal payable, in which case as applicable, on such date will be paid on the next succeeding Business Day with the same force and effect as if made on such Interest Payment Date, Redemption Date or Stated Maturity and no further interest shall will accrue from the date as a result of authenticationsuch delay. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal from time to time on demand by the Trustee pursuant to Section 5.3 of the Base Indenture (defined below) at the rate equal to 1% per annum in excess of the then applicable interest rate on borne by the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) and on overdue installments of interest (without regard to any applicable grace periodperiods) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Schwab Charles Corp

Interest. The Xxxxxxx Xxxxxx Corporation (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “IssuersIssuer), jointly and severally, promise ) promises to pay interest on the principal amount of this Note (“Notes”) during the 2029 Notes Fixed Rate Period at a fixed the annual rate of 9% per annum5.643%. The Issuers Interest on the Notes will pay interest in United States dollars (except as otherwise provided herein) semiannually be payable semi-annually in arrears on April 15 May 19 and October 15November 19 of each year (each, commencing a “Fixed Rate Interest Payment Date”), with the first interest payment on April 15November 19, 2013 or if any such day is not 2023 and the final fixed rate payment on May 19, 2028 (the “2029 Notes Fixed Rate Period”). During each 2029 Notes Floating Rate Period interest period, the Issuer promises to pay interest at a Business Dayrate per annum equal to compounded SOFR plus 2.210%, all as determined by the Calculation Agent as provided for in the Indenture (as defined below). Interest on the next succeeding Business Day Notes will be payable quarterly in arrears on August 19, 2028, November 19, 2028, and May 19, 2029 during the floating rate period (each the “2029 Notes Floating Rate Period”); provided that the final interest payment will be made on the 2029 Notes Stated Maturity Date (each, a “Floating Rate Interest Payment Date” and together with the Fixed Rate Interest Payment Dates, each, an “Interest Payment Date”). Interest With respect to the 2029 Notes Fixed Rate Period, interest on the 2029 Notes shall will accrue from and including the original issue date or the most recent date to which interest has been paid or duly provided for. With respect to the 2029 Notes Floating Rate Period, the term “interest period” means the period commencing on any interest payment date during the 2029 Notes Floating Rate Period (or, if no with respect to the initial interest has been paidperiod, from and including October 10commencing on May 19, 2012; provided that if there is no existing Default or Event of Default in 2028 (the payment of interest“2029 Notes Interest Reset Date”)) to, and if this Note is authenticated between a record date referred to on the face hereof and but excluding, the next succeeding Interest Payment Date (but after October 10interest payment date in the 2029 Notes Floating Rate Period, 2012), interest shall accrue from such next succeeding Interest Payment Date, except and in the case of the original issuance of Noteslast such period, in which case from and including the interest shall accrue from payment date immediately preceding the maturity date for such series to but excluding such maturity date. If an interest payment date falls on a day that is not a business day, the Issuer will postpone the interest payment to the next succeeding business day, but the payment made on such date will be treated as being made on the date that the payment was first due and the holders of authenticationthe Notes will not be entitled to any further interest or other payments with respect to such postponement. The Issuers shall Issuer will pay interest (including post-petition interest to the person in any proceeding under any Bankruptcy Law) on overdue principal whose name the Note is registered at the rate equal close of business on the fifteenth calendar day (whether or not a business day) immediately preceding the related interest payment date, except that the Issuer will pay interest on the respective maturity dates or, if the Notes are redeemed, the respective redemption date, to 1% per annum in excess the person or persons to whom principal is payable. The amount of accrued interest payable on the Notes for each 2029 Notes Floating Rate Interest Period will be computed by multiplying (i) the outstanding principal amount of the then applicable series of Notes by (ii) the product of (a) the interest rate for the relevant 2029 Notes Floating Rate Period interest period multiplied by (b) the quotient of the actual number of calendar days in the applicable Floating Rate Period interest period (or any other relevant period) divided by 360. The interest rate on the Notes to the extent lawful; it will in no event be lower than zero. The Issuer shall pay interest on overdue principal from time to time on demand by the Trustee pursuant to Section 5.3 of the Base Indenture (including post-petition interest in any proceeding under any Bankruptcy Lawdefined below) at the rate borne by the Notes and on overdue installments of interest (without regard to any applicable grace periodperiods) at the same rate to the extent lawful. Interest shall The amount of accrued interest payable on the Notes for the 2029 Notes Floating Rate Period will be computed on by multiplying (i) the basis outstanding principal amount of a the Notes by (ii) the product of (a) the interest rate for the relevant 2029 Floating Rate Period interest period multiplied by (b) the quotient of the actual number of calendar days in the applicable 2029 Floating Rate Period interest period (or any other relevant period) divided by 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher lower than zero. The interest rate and amount of interest to be paid on the maximum Notes for each 2029 Notes Floating Rate Interest Period will be determined by the Calculation Agent on the applicable Interest Payment Determination Date using compounded SOFR with respect to the applicable Observation Period relating to the applicable 2029 Notes Floating Rate Interest Period. The Calculation Agent will then add the spread of 2.210% per annum to compounded SOFR as determined on the Interest Payment Determination Date. Absent manifest error, the Calculation Agent’s determination of the interest rate permitted by New York law as for an interest period for the same may Notes will be modified by United States law of general applicationbinding and conclusive on the Holders, the Trustee and Paying Agent, and the Issuer.

Appears in 1 contract

Samples: Schwab Charles Corp

Interest. (a) RyersonParsley Energy, Inc.LLC, a Delaware corporation, or its successor limited liability company (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.Parsley Finance Corp., a Delaware corporation, or its successor corporation (together, (Co-IssuerFinance Corp.and, and together with Ryersonthe Company, the “Issuers”), ) jointly and severally, severally promise to pay interest on the unpaid principal amount of this Note (“Notes”) at a fixed rate of 97.500% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually interest, if any, semi-annually in arrears on April February 15 and October August 15 of each year, beginning August 15, commencing on April 152014 (each, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that that, if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate that is equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall they will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest interest, if any (without regard to any applicable grace period) ), from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate If any payment with respect to any principal of, premium, if any, on, or interest, if any, on any Note (including any payment to be made on any date fixed for redemption or purchase of any Note) is due on a day which is not a Business Day, then the payment need not be made on such date, but may be made on the Notes will in no event be higher than the maximum rate permitted by New York law as next Business Day with the same may be modified by United States law of general applicationforce and effect as if made on such date, and no interest will accrue for the intervening period.

Appears in 1 contract

Samples: Indenture (Parsley Energy, Inc.)

Interest. (a) Ryerson, Ziff Xxxxx Media Inc., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate per annum as determined below from August 12, 2002 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 4 of 9% per annumthe Registration Rights Agreement referred to below. The Issuers will Company shall pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages, if any, semi-annually on April February 15 and October 15August 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest From the Issue Date through and including the second anniversary of the Issue Date, interest on the Notes a Note shall accrue at the rate of (i) 12% per annum from the most recent date to which interest has been paid orpaid, or if no interest has been paid, from the date of issuance of the Note through the most recent Interest Payment Date (each, an "Interest Period") with respect to the interest on the Note for such Interest Period that the Company has elected to pay in cash or (ii) 13% per annum during any applicable Interest Period with respect to the interest on the Note for such Interest Period that was compounded on the Compounded Value. From the second anniversary of the Issue Date through and including October 10the fourth anniversary of the Issue Date, 2012; provided interest on a Note shall accrue at a rate of (i) 13% per annum during any applicable Interest Period with respect to the interest on the Note for such Interest Period that if the Company has elected to pay in cash or (ii) 14% per annum during any applicable Interest Period with respect to the interest on the Notes for such Interest Period that was compounded on the Compounded Value. Following the fourth anniversary of the Issue Date, interest on a Note shall accrue at a rate of 12% per annum. Any interest payment made on the Notes through a combination of cash and compounding to the Compounded Value shall be made on a pro rata basis. If there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in that the case of the original issuance of Notesfirst Interest Payment Date shall be February 15, in which case interest shall accrue from the date of authentication2003. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Ziff Davis Intermediate Holdings Inc

Interest. (a) RyersonKey Energy Group, Inc., a Delaware corporation, or its successor Maryland corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 9___% per annumannum from ________ __, 19__ until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages semi-annually on April March 15 and October 15September 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”"INTEREST PAYMENT DATE"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid hereunder or, if no interest has been paidpaid hereunder, from and including October 10, 2012; provided the date that if there is no existing Default or Event of Default this Note was first released from Escrow (as defined in the payment of interest, Indenture) together with any accrued and if unpaid interest on the Loan that was converted into this Note is authenticated between a record date referred to on under the face hereof and Bridge Loan Agreement (as defined in the next succeeding Indenture); provided, further, that the first Interest Payment Date (but after October 10shall be ________ __, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication19__. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to 1that is 2% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Samples: Indenture (Key Energy Group Inc)

Interest. The Holder may make any subsequent deposit by electronic transfer from the Holder’s Source Account, by means of pre-authorized cheque payments (aPAC), by cheque or any other method that the Issuer makes available to the Holder. If the deposit is made by cheque, the Holder must complete the stipulated form available via the CyberClient Electronic Service and transmit it to the Issuer. No deposit may be made by traveller’s cheque, coin or cash. If money is sent in cash, the Issuer is not liable for any loss arising therefrom. The minimum amount for a subsequent deposit by cheque is one hundred dollars ($100). The Issuer reserves the right to limit at any time and without prior notice the value in dollars of any deposit and any balance. Any sum deposited to the Account by the Holder may be held by the Issuer for a certain period following the deposit of said sums. Under no circumstances shall said period exceed five (5) Ryerson, Inc., a Delaware corporationbusiness days for any deposit of $1,500 or less, or its successor eight (together8) business days for any deposit exceeding $1,500. The Holder may make a withdrawal request via the CyberClient Electronic Service or by any other means that the Issuer makes available to the Holder. Upon receipt of the withdrawal request and unless instructed otherwise, “Ryerson”the Issuer shall make the requested withdrawal by electronically transferring all or part of the balance of the Account to the Holder’s Source Account. Any transaction request received after 4:00 pm (Eastern Time), including any request to open an account, make a subsequent deposit or withdrawal, shall be assumed to have been received the next business day following the receipt date of said transaction request. Fees are charged by the Issuer in respect of the administration of the Account. These fees are directly debited from the Account from time to time and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-are determined according to rates and policies in effect at the Issuer” and, together with Ryerson, . The description of these fees is available in the “Issuers”)Fees - Industrial Alliance Trust Inc. Deposit Accounts” document, jointly which may be sent upon request and severally, promise to pay interest which is available on the principal amount agent’s website of this Note the Issuer, Industrial Alliance Insurance and Financial Services Inc. (“Notes”) at a fixed rate of 9% per annumxxx.xxxxxx.xxx). The Issuers will pay interest in United States dollars Issuer reserves the right to modify its fees by sending a notice at least thirty (except as otherwise provided herein30) semiannually in arrears on April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent days prior to effective date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationmodifications. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes Any modification to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest fees shall be computed on considered accepted by the basis Holder if the Account remains open following the said period of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.thirty

Appears in 1 contract

Samples: Account Agreement

Interest. GMX RESOURCES INC. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “IssuersIssuer), jointly and severally, promise ) promises to pay interest on the principal amount of this Note (“Notes”i) at a fixed the rate of 911.0% per annum. The Issuers will pay interest , payable in United States dollars (except as otherwise provided herein) semiannually cash, in arrears and Additional Interest, if any, payable pursuant to Section 6 of the Registration Rights Agreement referred to below, unless the Issuer makes a PIK Election (as defined below) with respect to an interest period; or (ii) at the rate of 13.0% per annum in the aggregate, of which (a) 9.0% per annum shall be payable in cash, in arrears, and (b) 4.0% per annum shall be payable in the form of Additional Notes (in minimum denominations of $1,000 and integral multiples thereof, with any fractional Additional Notes being paid in cash), in arrears (“PIK Interest”), if the Issuer has elected to pay a portion of the interest due with respect to an interest period in the form of Additional Notes (a “PIK Election”) with respect to an interest period. Any PIK Election shall specify the interest period subject to the PIK Election and may only be made by written notice given to the Trustee and the Holders at least 20 Business Days prior to the record date for the interest period for which the PIK Election is to be made (it being understood that, the issuance of a press release or the filing of a current report on April 15 and October 15Form 8-K with the SEC shall be deemed to be written notice given to the Holders). Notwithstanding the foregoing, commencing on April 15, 2013 or if any such day is not a Business Day, interest on the next succeeding Business Day (each an “Notes will accrue for any overdue principal on the Notes, and any overdue installments of interest at 15.0% per annum to the extent lawful. If a PIK Election is made, the Additional Notes issued pursuant thereto will be identical to the originally issued Notes on which such Additional Notes are being issued as PIK Interest Payment Date”)and shall share the same CUSIP number as such originally issued Notes, except that interest will begin to accrue from the date they are issued. Interest on the Notes shall will accrue from the most recent date to on which interest has been paid or, if no interest has been paid, from and including October 10December 19, 2012; provided that if there is no existing Default or Event of Default 2011. The Issuer will pay interest semi-annually in the payment of interest, and if this Note is authenticated between a record date referred to arrears on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding each Interest Payment Date, except commencing June 1, 2012. Interest will be computed on the basis of a 360-day year of twelve 30-day months and, in the case of a partial month, the original issuance actual number of Notes, in which case interest shall accrue from the date of authenticationdays elapsed. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and on overdue installments of interest from time to time on demand at the a rate equal to 1of 15.0% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) and on overdue installments of interest (without regard to any applicable grace periodperiods) at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (GMX Resources Inc)

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise The Company promises to pay interest on the unpaid principal amount of this Note (“Notes”) at a fixed rate of 9% [ ]4 per annum. annum [and shall pay Additional Interest, if any, as provided in the Registration Rights Agreement, dated October 1, 2014† referred below].* The Issuers will Company shall pay interest in United States dollars (except as otherwise provided herein) semiannually [and Additional Interest, if any,]* semi-annually in arrears on April 15 [[ ] and October 15[ ]]5 of each year (each, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid on this Note (or one or more Predecessor Notes) or, if no interest has been paid, from and including October 10, 2012the date of original issuance of this Note; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be [ ], except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. 20156.† The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum then in excess of the then applicable interest rate effect on the Notes this Note to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest [and Additional Interest, if any,]* (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate If a payment date is not a Business Day, payment may be made on the next succeeding day that is a Business Day, and no interest shall accrue on such payment for the intervening period. [This Exchange Note was issued in connection with the Exchange Offer pursuant to which the [5% Senior Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.due 2020] / [5½% Senior Notes due 2021] / [6% Senior Notes due

Appears in 1 contract

Samples: Indenture (Occidental Petroleum Corp /De/)

Interest. CEMEX España, S.A., acting through its Luxembourg Branch, CEMEX España, S.A., Luxembourg Branch (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryersonits successors and assigns, the “IssuersIssuer), jointly and severally, promise ) promises to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate of 9% per annumannum shown above. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October each Interest Payment Date of each year commencing November 15, commencing on April 15, 2013 or 2010; provided that if any such day Interest Payment Date is not a Business Day, then such payment shall be made on the next succeeding Business Day (each an “Interest Payment Date”)Day. Interest on the Notes shall will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from and including October 10May 12, 20122010; provided that if there is no existing Default or Event of Default in on the payment of interest, and if this Note is authenticated between a record date Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10May 12, 20122010), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationMay 12, 2010. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace period) , at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on All payments made by the Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Authority, unless such withholding or deduction is required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to each Holder of the Notes Additional Amounts as provided in no event be higher than the maximum rate permitted by New York law as Indenture subject to the same may be modified by United States law of general applicationlimitations set forth in the Indenture.

Appears in 1 contract

Samples: Cemex Sab De Cv

Interest. (a) Ryerson, Inc.Natural Resource Partners L.P., a Delaware corporation, or its successor limited partnership (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.NRP Finance Corporation, a Delaware corporation, or its successor corporation (together, the Co-IssuerFinance Corp.” and, together with Ryersonthe Company, the “Issuers”), jointly and severally, severally promise to pay interest on the unpaid principal amount of this Note (“Notes”) at a fixed rate of 910.500% per annumannum [and shall pay any Additional Interest payable pursuant to the Registration Rights Agreement referred to below. References herein to “interest” include such Additional Interest to the extent applicable.]4 The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually semi-annually in arrears on April March 15 and October September 15 of each year, commencing September 15, commencing on April 152017, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012[ ] [the date of original issuance]; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is the rate equal to 1% per annum then in excess of the then applicable interest rate on the Notes effect, to the extent lawful; it and they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) periods), from time to time on demand at the same rate rate, to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.4 Include for Initial Notes, if applicable

Appears in 1 contract

Samples: Indenture (Natural Resource Partners Lp)

Interest. No interest will accrue on the Notes until January 1, 2003 (athe "Full Accretion Date") Ryersonbut the Accreted Value (as defined in the Indenture) will accrete (representing the amortization of original issue discount) between the date of original issuance and such date, Inc.on a semi-annual bond equivalent basis using a 360-day year comprised of twelve 30-day months such that the Accreted Value shall be equal to the full principal amount of the Notes on the Full Accretion Date. Centennial Communications Corp., a Delaware corporation, or its successor corporation (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 914% per annumannum from July 1, 2003 until maturity and shall pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages semi- annually on April 15 January 1 and October 15July 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the Full Accretion Date; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be July 1, in which case interest shall accrue from the date of authentication2003. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes in effect, to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Indenture (Centennial Communications Corp)

Interest. (a) Ryerson, Inc.The Xxxxxxxxx Corporation, a Delaware corporation (such corporation, or and its successor (togethersuccessors and assigns under the Indenture hereinafter referred to, “Ryerson”being herein called the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note Security at the rate per annum shown above[; provided, however, -------- ------- that if a Registration Default (“Notes”as defined in the Registration Rights Agreement) occurs, interest will accrue on this Security at a fixed rate of 90.50% per annumannum from and including the date on which any such Registration Default shall occur to but excluding the date on which all Registration Defaults have been cured, calculated on the principal amount of this Security as of the date on which such interest is payable; provided, however, that (i) no holder of Securities who is -------- ------- not entitled to the benefits of a Shelf Registration Statement shall be entitled to receive additional interest by reason of a Registration Default that pertains to a Shelf Registration Statement; and (ii) no holder of Securities constituting an unsold allotment from the original sale of the Securities or any other holder of Securities who is entitled to the benefits of a Shelf Registration Statement shall be entitled to receive additional interest by reason of a Registration Default that pertains to a Registered Exchange Offer. Such interest is payable in addition to any other interest payable from time to time with respect to this Security]/1/. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (15 of each an “Interest Payment Date”)year. Interest on the Notes shall Securities will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10April 20, 2012; provided that if there is no existing Default or Event 1999 [date of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawfulAdditional Securities]. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Company shall pay interest on overdue principal at the rate borne by the Securities, and it shall pay interest on the Notes will in no event be higher than the maximum rate permitted by New York law as overdue installments of interest at the same may be modified by United States law of general applicationrate, in each case, to the extent lawful.

Appears in 1 contract

Samples: Marson Creative Fastener Inc

Interest. (a) RyersonEXAMWORKS GROUP, Inc., a Delaware corporation (such corporation, or and its successor (togethersuccessors and assigns under the Indenture hereinafter referred to, being herein called the RyersonIssuer”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise promises to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 99.000% per annumannum from July 19, 2011 until maturity and shall pay Additional Interest, if any, payable pursuant to the Registration Rights Agreement referred to below. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually semi-annually in arrears on April every January 15 and October 15July 15 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the date of issuance; provided, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding first Interest Payment Date (but after October 10shall be January 15, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; specified herein, and it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (including Additional Interest) (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall on the Notes will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate In addition to the rights provided to Holders of the Notes under the Indenture, Holders of Transfer Restricted Securities (as defined in the Registration Rights Agreement) shall have all rights set forth in the Registration Rights Agreement, dated as of July 19, 2011, among the Issuer, the Guarantors named therein and the other parties named on the Notes will signature pages thereto (the “Registration Rights Agreement”), including the right to receive Additional Interest in no event certain circumstances. If applicable, Additional Interest shall be higher than the maximum rate permitted by New York law as paid to the same may Persons, in the same manner and at the same times as regular interest. [Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be modified by United States law entitled to receive payments of general applicationinterest hereon; until so exchanged in full, this Regulation S Temporary Global Note shall in all other respects be entitled to the same benefits as other Notes under the Indenture.]

Appears in 1 contract

Samples: Indenture (ExamWorks Group, Inc.)

Interest. (a) RyersonAtlas Energy Operating Company, Inc.LLC, a Delaware corporation, or its successor limited liability company (together, the RyersonCompany”), and Xxxxxx X. Xxxxxxx & Son, Inc.Atlas Energy Finance Corp., a Delaware corporation, or its successor corporation (together, Finance Co-Issuer” and, together with Ryersonthe Company, the “Issuers”), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 910 3/4 % per annumannum and shall pay any Additional Interest payable pursuant to Section 2 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided hereinincluding Additional Interest, if any) semiannually in arrears semi-annually on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10January 23, 20122008; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be August 1, in which case interest shall accrue from the date of authentication2008. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum then in excess of effect; the then applicable interest rate on the Notes to the extent lawful; it Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (including Additional Interest, if any), without regard to any applicable grace period) periods, from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general application.

Appears in 1 contract

Samples: Supplemental Indenture (Atlas Energy Resources, LLC)

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to pay interest Beginning on the principal amount of this Note (“Notes”) at a fixed rate of 9% per annum. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October January 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)2002, interest shall will accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% of ten percent (10%) per annum thereafter (in excess of the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall be each case, computed on the basis of a 360-day year comprised year, as appropriate, and the actual number of twelve 30-day months. The interest rate days elapsed in any year) on the Notes unpaid principal amount of this Convertible Note outstanding from time to time, or (if less) at the highest rate then permitted under applicable law. Interest which accrued prior to January 10, 2002 shall be payable as set forth in the Original Note. Interest accruing hereunder, and any interest accruing as provided in Section 4(b)(iii), will be payable to the Registered Holder to the extent any Excess Availability (as defined in the Senior Credit Agreement) exists in cash (and any interest not so paid shall accrue in accordance with the terms hereof), in arrears, on each March 31 and September 30 (each an “Interest Payment Date”) and will be payable to the Registered Holder in cash in any event on the Maturity Date in the manner described herein (including Section 1(a)). Any accrued interest which is not paid in cash on any March 31 or September 30 will bear interest at such rate as provided herein until such interest is paid. Interest will accrue on any amount of principal or interest until such time as payment therefor is actually delivered to the Registered Holder of this Convertible Note. Notwithstanding the foregoing, on any Interest Payment Date, if, and to the extent that, the payment of interest in cash would cause the Company to have no event Excess Availability (as defined in the Senior Credit Agreement) or be higher in breach of Section 7.1 of the Senior Credit Agreement, the Company may, at its election, pay the interest payable to the Registered Holder on such Interest Payment Date by delivery to the Registered Holder of a number of shares of Common Stock equal to (A) the amount of interest accrued as of such Interest Payment Date divided by (B) the lesser of (x) the Conversion Price and (y) the Market Price per share of the Common Stock, in each case, as of such Interest Payment Date; provided, that the Company may make such election only if the Liquidity Test (as herein defined) has been met as of such Interest Payment Date. If the Company makes such election, the Company may pay the Registered Holder cash in lieu of issuing any fractional shares of Common Stock. As of any Interest Payment Date, the “Liquidity Test” shall be met if the Registered Holder receives shares of Common Stock which the Registered Holder can immediately sell to any Person without violating the Securities Act and such shares are received by the Registered Holder no later than the maximum rate permitted by fifth day after the applicable Interest Payment Date; provided, however, that, notwithstanding the foregoing, the Liquidity Test shall not be met if either (i) the Market Price per share of Common Stock has been below $5.00 per share (such number to be appropriately adjusted for any stock split, reverse stock split, stock dividend or other subdivision or combination of Common Stock after the original date of issuance of this Convertible Note) for each of the 90 days prior to such Interest Payment Date, (ii) the average daily trading volume of the Common Stock as quoted in the NASDAQ System for the 30 business days prior to such Interest Payment Date is less than 15,000 shares per day, (iii) at any time prior to such Interest Payment Date, the Company has received a notice from a Person with the requisite authority which states that the Common Stock has been delisted from the NASDAQ System and the Common Stock is not listed on the New York law or American Stock Exchange, or (iv) an Event of Default (as the same may be modified by United States law herein defined) has occurred at or prior to and is continuing as of general applicationsuch Interest Payment Date.

Appears in 1 contract

Samples: Note Purchase Agreement (Gardenburger Inc)

Interest. (a) Ryerson, Inc.Premier Entertainment Biloxi LLC, a Delaware corporation, or its successor limited liability company (together, “Ryerson”"PREMIER"), and Xxxxxx X. Xxxxxxx & Son, Inc., Premier Finance Biloxi Corp. a Delaware corporation, or its successor corporation (together, “Co-Issuer” and, "PREMIER FINANCE" and together with RyersonPremier, the “Issuers”"ISSUERS"), jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 910 3/4% per annumannum from January 23, 2004 until maturity and shall pay the Liquidated Damages, if any, payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually and Liquidated Damages, if any, semi-annually in arrears on April 15 February 1 and October 15August 1 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”"INTEREST PAYMENT DATE"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10the date of issuance; PROVIDED, 2012; provided HOWEVER, that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof (each a "RECORD DATE") and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; PROVIDED, except in FURTHER, that the case of the original issuance of Notesfirst Interest Payment Date shall be August 1, in which case interest shall accrue from the date of authentication2004. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages, if any, (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Note, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Notes under the Indenture.

Appears in 1 contract

Samples: Consent and Agreement (Premier Finance Biloxi Corp)

Interest. (a) RyersonNexstar Finance, Inc., a Delaware corporation, or its successor and Nexstar Finance, L.L.C., a Delaware limited liability company (together, “Ryerson”the "Company"), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”)promise, jointly and severally, promise to pay interest on the principal amount of this Note (“Notes”) at a fixed rate of 912% per annumannum from March 16, 2001 until maturity and to pay the Liquidated Damages payable pursuant to Section 5 of the Registration Rights Agreement referred to below. The Issuers Company will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears and Liquidated Damages semi-annually on April 15 1 and October 151 of each year, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Notes shall will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October 10, 2012the date of issuance; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012)Date, interest shall accrue from such next succeeding Interest Payment Date; provided, except in further, that the case of the original issuance of Notesfirst Interest Payment Date shall be October 1, in which case interest shall accrue from the date of authentication2001. The Issuers Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the a rate equal to that is 1% per annum in excess of the rate then applicable interest rate on the Notes to the extent lawfulin effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Until this Regulation S Temporary Global Note is exchanged for one or more Regulation S Permanent Global Notes, the Holder hereof shall not be entitled to receive payments of interest rate on the Notes will hereon; until so exchanged in no event full, this Regulation S Temporary Global Note shall in all other respects be higher than the maximum rate permitted by New York law as entitled to the same may be modified by United States law of general applicationbenefits as other Senior Subordinated Notes under the Indenture.

Appears in 1 contract

Samples: Nexstar Broadcasting of the Wichita Falls LLC

Interest. Neiman Marcus Group LTD LLC, a Delaware limited liability company (a) Ryersonthe “Issuer”), and The Neiman Marcus Group LLC, a Delaware limited liability company (the “LLC Co-Issuer”), Mariposa Borrower, Inc., a Delaware corporation, or its successor corporation (together, the RyersonCorporate Co-Issuer”), and Xxxxxx X. Xxxxxxx & Son, Inc.The NMG Subsidiary LLC, a Delaware corporation, or its successor limited liability company (together, the New Co-IssuerIssuer Subsidiary” and, together with Ryersonthe Corporate Co-Issuer and the LLC Co-Issuer and their successors and assigns under the Indenture hereinafter referred to, the “Co-Issuers” and, together with the Issuer, the “Issuers”), jointly and severally, ) promise to pay interest on the principal amount of this Note (“Notes”) at a fixed the rate of 9% per annumannum shown above. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually in arrears on April 15 and October 15 of each year, with the first interest payment to be made on October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). 2019.(3) Interest on the Notes shall will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from and including October 10June 7, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to 2019.(4) Interest on the face hereof and Notes will accrue at the next succeeding Interest Payment Date (but after October 10rate of 8.750% per annum, 2012), interest shall accrue from such next succeeding Interest Payment Date, except payable in the case of the original issuance of Notes, in which case interest shall accrue from the date of authenticationcash. The Issuers shall will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal or premium, if any (plus interest on such interest to the extent lawful), at the rate equal to 1% per annum in excess of the then applicable interest rate on borne by the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. Interest shall will be computed on the basis of a 360-day year comprised of twelve 30-day months. The Issuers will pay interest on overdue principal at 2.0% per annum in excess of the above rate and will pay interest on overdue installments of interest at such higher rate to the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationextent lawful.

Appears in 1 contract

Samples: Guarantors (Neiman Marcus Group LTD LLC)

Interest. (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “Issuers”), jointly and severally, promise to pay interest on the The unpaid principal amount balance of this Note shall at all times bear interest at a rate equal to the Contract Rate, provided, that so long as any principal of or accrued interest on this Note is overdue, all unpaid principal of this Note and all overdue interest on that principal (“Notes”but not interest on overdue interest) shall bear interest at a fluctuating rate equal to two percent (2%) per annum above the Prime Rate; provided further, that in no event shall any principal of or interest on this Note bear interest at any time after Maturity at a lesser rate than the rate applicable thereto immediately after Maturity. The "Contract Rate" shall at all times be a fluctuating rate equal to fluctuating rate per annum (based upon a 365-day year and actual days elapsed) equal to one-quarter of one percent (0.25%) below the Prime Rate. At Borrower's option, all or any portion of the Loan (in a minimum amount of $500,000 and $100,000 increments thereafter), may bear interest at a fixed rate per annum (based upon a 365-day year and actual days elapsed) equal to one and one- half of 9% per annumone percent (1.5%) above LIBOR, for one (1), two (2), three (3), six (6) or twelve (12) month interest periods. The Issuers will pay interest in United States dollars (except as otherwise provided herein) semiannually Interest on this Note shall be payable in arrears on April 15 October 1, 1997, and October 15, commencing on April 15, 2013 or if any such day is not a Business Day, on the next succeeding Business Day first (1st) day of every third (3rd) month thereafter, until five (5) years from the date of this Note, and on demand thereafter, except that interest on each an “Interest Payment Date”). Interest LIBOR Unit shall be payable in arrears on the Notes shall accrue from last day of the most recent date to which interest has been paid orContract Period for that Unit, if no interest has been paid, from and including October 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interestat Maturity, and if this Note is authenticated between a record date referred to on the face hereof demand thereafter, and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of any Contract Period having a term longer than ninety (90) days, shall also be payable every three (3) months after the original issuance first day of Notes, in which case interest shall accrue from the date of authenticationContract Period. The Issuers shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal comprising each LIBOR Unit shall, at the rate equal to 1% per annum in excess end of the then applicable interest rate on Contract Period for that Unit, become part of the Notes Prime Rate Unit unless and to the extent lawful; it that Borrower shall pay interest (including post-petition interest have elected otherwise as hereinbefore provided. Bank shall be entitled to fund and maintain its funding of all or any part of any LIBOR Unit in any proceeding under any Bankruptcy Law) on overdue installments manner Bank may from time to time deem advisable, Borrower hereby acknowledging that all determinations relating to LIBOR Units shall be made as if Bank had actually funded and maintained each such Unit by the purchase of interest (without regard to any applicable grace period) at the same rate deposits in an amount similar to the extent lawful. Interest shall be computed on amount of that Unit, with a maturity similar to the basis of a 360-day year comprised of twelve 30-day months. The Contract Period for that Unit, and bearing interest rate on the Notes will in no event be higher than the maximum rate permitted by New York law as the same may be modified by United States law of general applicationat LIBOR with respect to that Unit.

Appears in 1 contract

Samples: Indiana United Bancorp

Interest. Delphi Automotive PLC (a) Ryerson, Inc., a Delaware corporation, or its successor (together, “Ryerson”), and Xxxxxx X. Xxxxxxx & Son, Inc., a Delaware corporation, or its successor (together, “Co-Issuer” and, together with Ryerson, the “IssuersIssuer), jointly and severally, promise ) promises to pay interest on the principal amount of this 2025 Note (“Notes”) at a fixed rate per annum of 91.500% per annumfrom March 10, 2015 until maturity or pursuant to Section 7.02 of the First Supplemental Indenture. The Issuers Issuer will pay interest in United States dollars (except as otherwise provided herein) semiannually on this 2025 Note annually in arrears on April 15 and October 15March 10 of each year, commencing on April 15March 10, 2013 or 2016, or, if any such day is not a Business Day, on the next succeeding Business Day (each each, an “Interest Payment Date”). The Issuer will make each interest payment to the Holder of record of this 2025 Note on the immediately preceding February 23 (the “Regular Record Date”). Interest on the Notes shall this 2025 Note will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from and including October March 10, 2012; provided that if there is no existing Default or Event of Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date (but after October 10, 2012), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from the date of authentication2015. The Issuers shall Issuer will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at the rate equal to 1% per annum in excess of the then applicable interest rate on the Notes to the extent lawfulborne by this 2025 Note; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periodperiods) from time to time on demand at the same rate to the extent lawfulborne by this 2025 Note. Interest shall will be computed on the basis of a 360-day year comprised the actual number of twelve 30-day months. The days in the period for which interest rate is being calculated and the actual number of days from and including the date from which interest begins to accrue for the period (or from the Issue Date if no interest has been paid on the Notes will in no event be higher than 2025 Notes) to, but excluding the maximum rate permitted by New York law as next scheduled interest payment date, pursuant to the same may be modified by United States law of general applicationActual/Actual (ICMA) payment convention.

Appears in 1 contract

Samples: Delphi Automotive PLC

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