Common use of Accrual and Payment of Additional Interest Clause in Contracts

Accrual and Payment of Additional Interest. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th calendar day following the Original Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 150th calendar day following the Original Issue Date, (iii) the Exchange Offer is not consummated or, if required, a Shelf Registration Statement with respect to the Notes is not declared effective on or prior to the 180th calendar day following the Original Issue Date or (iv) the Exchange Offer Registration Statement or the Shelf Registration Statement is declared effective but thereafter ceases to be effective or usable except in accordance with Section 2(d)(iii) hereof (each event referred to in clauses (i) through (iv) above, a "REGISTRATION DEFAULT"), then the Company shall pay additional interest on the Notes (in addition to the interest otherwise due on the Notes) in cash in arrears on each Interest Payment Date (as defined in the Indenture) in an amount equal to one-half of one percent (0.5%) per annum of the principal amount of the Notes, with respect to the first 90-day period following such Registration Default. The amount of such additional interest will increase by an additional one-half of one percent (0.5%) to a maximum of one and one-half percent (1.5%) per annum for each subsequent 90-day period until such Registration Default has been cured. Upon (w) the filing of the Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 150-day period described in clause (ii) above, (y) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 180-day period described in clause (iii) above, or (z) the cure of any Registration Default described in clause (iv) above, such additional interest shall cease to accrue on the Notes from the date of such filing, effectiveness, consummation or cure, as the case may be, if the Company is otherwise in compliance with this paragraph; PROVIDED, HOWEVER, that if, after any such additional interest ceases to accrue, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, such additional interest shall begin to accrue again pursuant to the foregoing provisions. The Company shall notify the Trustee within five business days after each event specified in clause (i), (ii), (iii) or (iv) above. The Company shall pay the additional interest due on the Registrable Notes by depositing with the Trustee, in trust, for the benefit of the Holders thereof, by 12:00 noon, New York City time, on or before the applicable semi-annual Interest Payment Date for the Registrable Notes, immediately available funds in sums sufficient to pay the additional interest then due. The additional interest amount due shall be payable on each Interest Payment Date to the record Holder of Registrable Notes entitled to receive the interest payment to be made on such date as set forth in the Indenture

Accrual and Payment of Additional Interest. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th 50th calendar day following the Original Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 150th 180th calendar day following the Original Issue Date, (iii) the Exchange Offer is not consummated or, if required, a Shelf Registration Statement with respect to the Notes is not declared effective on or prior to the 180th 210th calendar day following the Original Issue Date or (iv) the Exchange Offer Registration Statement or the Shelf Registration Statement is declared effective but thereafter ceases to be effective or usable except in accordance with Section 2(d)(iii) hereof (each event referred to in clauses (i) through (iv) above, a "REGISTRATION DEFAULTRegistration Default"), then the Company shall pay additional interest on the Notes (in addition to the interest otherwise due on the Notes) in cash in arrears on each Interest Payment Date (as defined in the Indenture) in an amount equal to one-half of one percent (0.5%) per annum of the principal amount of the Notes, with respect to the first 90-day period following such Registration Default. The amount of such additional interest will increase by an additional one-half of one percent (0.5%) to a maximum of one and one-half percent (1.5%) per annum for each subsequent 90-day period until such Registration Default has been cured. Upon (w) the filing of the Exchange Offer Registration Statement after the 9050-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 150180-day period described in clause (ii) above, (y) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 180210-day period described in clause (iii) above, or (z) the cure of any Registration Default described in clause (iv) above, such additional interest shall cease to accrue on the Notes from the date of such filing, effectiveness, consummation or cure, as the case may be, if the Company is otherwise in compliance with this paragraph; PROVIDEDprovided, HOWEVERhowever, that if, after any such additional interest ceases to accrue, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, such additional interest shall begin to accrue again pursuant to the foregoing provisions. The Company shall notify the Trustee within five business days after each event specified in clause (i), (ii), (iii) or (iv) above. The Company shall pay the additional interest due on the Registrable Notes by depositing with the Trustee, in trust, for the benefit of the Holders thereof, by 12:00 noon, New York City time, on or before the applicable semi-annual Interest Payment Date for the Registrable Notes, immediately available funds in sums sufficient to pay the additional interest then due. The additional interest amount due shall be payable on each Interest Payment Date to the record Holder of Registrable Notes entitled to receive the interest payment to be made on such date as set forth in the Indenture.

Accrual and Payment of Additional Interest. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th calendar day following the Original Issue DateClosing Time, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 150th calendar day following the Original Issue DateClosing Time, (iii) the Exchange Offer is not consummated consummated, or, if required, a Shelf Registration Statement with respect to the Notes is not declared effective effective, on or prior to the 180th calendar day following the Original Issue Date Closing Time or (iv) the Exchange Offer Registration Statement or the Shelf Registration Statement is declared effective but thereafter ceases to be effective or usable except in accordance with Section 2(d)(iii) hereof (each event referred to in clauses (i) through (iv) above, a "REGISTRATION DEFAULTRegistration Default"), then the Company shall pay additional interest in cash on the Notes (in addition to the interest otherwise due on the Notes) in cash in arrears on each Interest Payment Date (as defined in the Indenture) in an amount equal to one-half of one percent (0.5%) per annum of the principal amount of the Notes, with respect to the first 90-day period following such Registration Default. The amount of such additional interest will increase by an additional one-half of one percent (0.5%) to a maximum of one and one-half percent (1.5%) per annum for each subsequent 90-day period until such Registration Default has been cured. Upon (w) the filing of the Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 150-day period described in clause (ii) above, (y) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 180-day period described in clause (iii) above, or (z) the cure of any Registration Default described in clause (iv) above, such additional interest shall cease to accrue on the Notes from the date of such filing, effectiveness, consummation or cure, as the case may be, if the Company is otherwise in compliance with this paragraph; PROVIDEDprovided, HOWEVERhowever, that if, after any such additional interest ceases to accrue, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, such additional interest shall begin to accrue again pursuant to the foregoing provisions. The Company shall notify the Trustee within five business days after each event specified in clause (i), (ii), (iii) or (iv) above. The Company shall pay the additional interest due on the Registrable Notes by depositing with the Trustee, in trust, for the benefit of the Holders thereof, by 12:00 noon, New York City time, on or before the applicable semi-annual Interest Payment Date for the Registrable Notes, immediately available funds in sums sufficient to pay the additional interest then due. The additional interest amount due shall be payable on each Interest Payment Date to the record Holder of Registrable Notes entitled to receive the interest payment to be made on such date as set forth in the Indenture.

Accrual and Payment of Additional Interest. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th calendar day following the Original Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 150th calendar day following the Original Issue Date, (iii) the Exchange Offer is not consummated oron or prior to the 30th calendar day after the date on which the Exchange Offer Registration Statement is declared effective, (iv) if required, a Shelf Registration Statement with respect to the Notes is not declared effective on or prior to the 180th 60th calendar day following the Original Issue Date date on which the obligation to file such registration statement arises or (ivv) the Exchange Offer Registration Statement or the Shelf Registration Statement is declared effective but thereafter ceases to be effective or usable except in accordance with Section 2(d)(iii) hereof (each event referred to in clauses (i) through (ivv) above, a "REGISTRATION DEFAULTRegistration Default"), then the Company shall pay additional interest on the Notes shall, with respect to each Registration Default, accrue interest, as liquidated damages (in addition to the interest otherwise due on the Notes) in cash in arrears on each Interest Payment Date (as defined in the Indenture) in an amount equal to "Additional Interest"), at a rate of one-half of one percent (0.5%) per annum of the principal amount of the Notes, with respect to Notes commencing upon the first 90-day period following occurrence of such Registration Default. The amount of such additional interest , which rate will increase by an additional one-half of one percent (0.5%) to at the end of each 90-day period in which such Registration Default is not cured, provided that the maximum aggregate Additional Interest that accrues on the principal amount of the Restricted Notes as a maximum result of all Registration Defaults will in no event exceed one and one-half percent (1.5%) per annum for annum. Additional Interest shall be computed based on the actual number of days elapsed in each subsequent 90-day period until in which Additional Interest accrues on the Notes. The Company shall notify the Trustee within three Business Days after the occurrence of each Registration Default. Additional Interest payable with respect to any Note shall be due and payable on each February 15 and August 15 (each an "Additional Interest Payment Date") if Additional Interest has accrued on such Note during the semi-annual period immediately preceding such Additional Interest Payment Date, to the Person in whose name such Note (or one or more Predecessor Notes) is registered at the close of business on the February 1 or August 1, whether or not a Business Day, next preceding such Additional Interest Payment Date. Each obligation to pay Additional Interest shall be deemed to accrue from and including the day following the occurrence of the applicable Registration Default has been curedDefault. Upon (wv) the filing of the Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (xw) the effectiveness of the Exchange Offer Registration Statement after the 150-day period described in clause (ii) above, (yx) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 18030-day period described in clause (iii) above, (y) the effectiveness of a Shelf Registration Statement after the 60-day period described in clause (iv) above, or (z) the cure of any Registration Default described in clause (ivv) above, such additional interest Additional Interest shall cease to accrue on the Notes from the date of such filing, effectiveness, consummation or cure, as the case may be, if the Company is otherwise in compliance with this paragraph; PROVIDEDprovided, HOWEVERhowever, that if, after any such additional interest Additional Interest ceases to accrue, a different event specified in clause (i), (ii), (iii), (iv) or (ivv) above occurs, such additional interest Additional Interest shall begin to accrue again pursuant to the foregoing provisions. The Company shall notify the Trustee within five business days after each event specified in clause (i), (ii), (iii) or (iv) above. The Company shall pay the additional interest due on the Registrable Notes by depositing with the Trustee, in trust, for the benefit of the Holders thereof, by 12:00 noon, New York City time, on or before the applicable semi-annual Interest Payment Date for the Registrable Notes, immediately available funds in sums sufficient to pay the additional interest then due. The additional interest amount due shall be payable on each Interest Payment Date to the record Holder of Registrable Notes entitled to receive the interest payment to be made on such date as set forth in the Indenture.

Accrual and Payment of Additional Interest. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th calendar day following the Original Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 150th calendar day following the Original Issue Date, (iii) the Exchange Offer is not consummated oron or prior to the 30th calendar day after the date on which the Exchange Offer Registration Statement is declared effective, (iv) if required, a Shelf Registration Statement with respect to the Notes is not declared effective on or prior to the 180th 60th calendar day following the Original Issue Date date on which the obligation to file such registration statement arises or (ivv) the Exchange Offer Registration Statement or the Shelf Registration Statement is declared effective but thereafter ceases to be effective or usable except in accordance with Section 2(d)(iii) hereof (each event referred to in clauses (i) through (ivv) above, a "REGISTRATION DEFAULTRegistration Default"), then the Company shall pay additional interest on the Notes shall, with respect to each Registration Default, accrue interest, as liquidated damages (in addition to the interest otherwise due on the Notes) in cash in arrears on each Interest Payment Date (as defined in the Indenture) in an amount equal to "Additional Interest"), at a rate of one-half of one percent (0.5%) per annum of the principal amount of the Notes, with respect to Notes commencing upon the first 90-day period following occurrence of such Registration Default. The amount of such additional interest , which rate will increase by an additional one-half of one percent (0.5%) to at the end of each 90-day period in which such Registration Default is not cured, provided that the maximum aggregate Additional Interest that accrues on the principal amount of the Restricted Notes as a maximum result of all Registration Defaults will in no event exceed one and one-half percent (1.5%) per annum for annum. Additional Interest shall be computed based on the actual number of days elapsed in each subsequent 90-day period until such Registration Default has been cured. Upon (w) the filing of the Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 150-day period described in clause (ii) above, (y) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 180-day period described in clause (iii) above, or (z) the cure of any Registration Default described in clause (iv) above, such additional interest shall cease to accrue which Additional Interest accrues on the Notes from the date of such filing, effectiveness, consummation or cure, as the case may be, if the Company is otherwise in compliance with this paragraph; PROVIDED, HOWEVER, that if, after any such additional interest ceases to accrue, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, such additional interest shall begin to accrue again pursuant to the foregoing provisionsNotes. The Company shall notify the Trustee within five business days three Business Days after the occurrence of each event specified in clause Registration Default. Additional Interest payable with respect to any Note shall be due and payable on each April 15 and October 15 (i), (ii), (iiieach an "Additional Interest Payment Date") or (iv) above. The Company shall pay if Additional Interest has accrued on such Note during the additional interest due on the Registrable Notes by depositing with the Trustee, in trust, for the benefit of the Holders thereof, by 12:00 noon, New York City time, on or before the applicable semi-annual period immediately preceding such Additional Interest Payment Date for Date, to the Registrable Person in whose name such Note (or one or more Predecessor Notes) is registered at the close of business on the April 1 or October 1, immediately available funds in sums sufficient whether or not a Business Day, next preceding such Additional Interest Payment Date. Each obligation to pay the additional interest then due. The additional interest amount due Additional Interest shall be payable on each Interest Payment Date deemed to accrue from and including the record Holder day following the occurrence of Registrable Notes entitled to receive the interest payment to be made on such date as set forth in the Indentureapplicable Registration Default.

Accrual and Payment of Additional Interest. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th calendar day following the Original Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 150th calendar day following the Original Issue Date, (iii) the Exchange Offer is not consummated oron or prior to the 30th calendar day after the date on which the Exchange Offer Registration Statement is declared effective, (iv) if required, a Shelf Registration Statement with respect to the Notes is not declared effective on or prior to the 180th 60th calendar day following the Original Issue Date date on which the obligation to file such registration statement arises or (ivv) the Exchange Offer Registration Statement or the Shelf Registration Statement is declared effective but thereafter ceases to be effective or usable except in accordance with Section 2(d)(iii) hereof (each event referred to in clauses (i) through (ivv) above, a "REGISTRATION DEFAULTRegistration Default"), then the Company shall pay additional interest on the Notes shall, with respect to each Registration Default, accrue interest, as liquidated damages (in addition to "Additional Interest"), at a rate of one-half of one percent per annum of the interest otherwise due on the Notes) in cash in arrears on each Interest Payment Date Accreted Value (as defined in the Indenture) in an amount equal to of the Notes commencing upon the occurrence of such Registration Default, which rate will increase by one-half of one percent (0.5%) per annum at the end of the principal amount of the Notes, with respect to the first each 90-day period following in which such Registration Default. The amount Default is not cured, PROVIDED that the maximum aggregate Additional Interest that accrues on the Accreted Value of such additional interest the Restricted Notes as a result of all Registration Defaults will increase by an additional one-half of one percent (0.5%) to a maximum of in no event exceed one and one-half percent (1.5%) per annum for annum. Additional Interest shall be computed based on the actual number of days elapsed in each subsequent 90-day period until such Registration Default has been cured. Upon (w) the filing of the Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 150-day period described in clause (ii) above, (y) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 180-day period described in clause (iii) above, or (z) the cure of any Registration Default described in clause (iv) above, such additional interest shall cease to accrue which Additional Interest accrues on the Notes from the date of such filing, effectiveness, consummation or cure, as the case may be, if the Company is otherwise in compliance with this paragraph; PROVIDED, HOWEVER, that if, after any such additional interest ceases to accrue, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, such additional interest shall begin to accrue again pursuant to the foregoing provisionsNotes. The Company shall notify the Trustee within five business days three Business Days after the occurrence of each event specified in clause Registration Default. Additional Interest payable with respect to any Note shall be due and payable on each May 15 and November 15 (i), (ii), (iiieach an "Additional Interest Payment Date") or (iv) above. The Company shall pay if Additional Interest has accrued on such Note during the additional interest due on the Registrable Notes by depositing with the Trustee, in trust, for the benefit of the Holders thereof, by 12:00 noon, New York City time, on or before the applicable semi-annual period immediately preceding such Additional Interest Payment Date for Date, to the Registrable Person in whose name such Note (or one or more Predecessor Notes) is registered at the close of business on the May 1 or November 1, immediately available funds in sums sufficient whether or not a Business Day, next preceding such Additional Interest Payment Date. Each obligation to pay the additional interest then due. The additional interest amount due Additional Interest shall be payable on each Interest Payment Date deemed to accrue from and including the record Holder day following the occurrence of Registrable Notes entitled to receive the interest payment to be made on such date as set forth in the Indentureapplicable Registration Default.