Common use of AHYDO Clause in Contracts

AHYDO. Notwithstanding anything to the contrary contained in the Loan Documents, if (i) any portion of the Loan remains outstanding after the fifth anniversary of the initial incurrence thereof and (ii) the aggregate amount of the accrued but unpaid interest on such portion of the Loan (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any AHYDO Testing Date (as hereinafter defined) occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual (as hereinafter defined), then all such accrued but unpaid interest on such portion of the Loan (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by Borrower on such AHYDO Testing Date, it being the intent of the parties hereto that the deductibility of interest under such portion of the Loan shall not be limited or deferred by reason of Section 163(i) of the Internal Revenue Code, as amended (the “IRC”). As used herein, the “Maximum Accrual” is an amount equal to the product of the issue price (as defined in IRC Sections 1273(b) and 1274(a)) of the Loan and its yield to maturity (as determined for purposes of Section 163(i) of the IRC), and a “AHYDO Testing Date” is any date on which interest is due and payable and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the IRC) closes. Any accrued interest that, for any reason, has not theretofore been paid shall be paid in full on the date on which the final principal payment on the Loan or any portion thereof is made.

AHYDO. Notwithstanding anything to the contrary contained in the Loan Documents, if (i) any portion of the Loan Loans remains outstanding after the fifth anniversary of the initial incurrence thereof and (ii) the aggregate amount of the accrued but unpaid interest on such portion of the Loan Loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any AHYDO Testing Date (as hereinafter defined) occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual (as hereinafter defined), then all such accrued but unpaid interest on such portion of the Loan Loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by Borrower on such AHYDO Testing Date, it being the intent of the parties hereto that the deductibility of interest under such portion of the Loan Loans shall not be limited or deferred by reason of Section 163(i) of the Internal Revenue Code, as amended (the “IRC”). As used herein, the “Maximum Accrual” is an amount equal to the product of the issue price (as defined in IRC Sections 1273(b) and 1274(a)) of the Loan and its yield to maturity (as determined for purposes of Section 163(i) of the IRC), and a “AHYDO Testing Date” is any date on which interest is due and payable and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the IRC) closes. Any accrued interest that, for any reason, has not theretofore been paid shall be paid in full on the date on which the final principal payment on the Loan or any portion thereof is made.

AHYDO. Notwithstanding anything to the contrary contained in the Loan Documentsthis Agreement, if (i1) any portion of the Loan remains Convertible Notes remain outstanding after the fifth anniversary of the initial incurrence thereof Closing Date and (ii2) the aggregate amount of the accrued but unpaid interest on such portion of the Loan Convertible Notes (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any AHYDO Testing Date (as hereinafter defineddefined below) occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual (as hereinafter defineddefined below), then all such accrued but unpaid interest on such portion of the Loan Convertible Notes (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by Borrower the Issuer to the Purchasers on such AHYDO Testing Date, it being the intent of the parties hereto that the deductibility of interest under such portion of the Loan shall Convertible Notes will not be limited or deferred by reason of treated as an “applicable high yield debt obligation” under Sections 163(e)(5) and Section 163(i) of the Internal Revenue Code, as amended (the “IRC”)Code and shall be interpreted consistently with such intent. As used hereinFor these purposes, the “Maximum Accrual” is an amount equal to the product of the Convertible Notes’ issue price (as defined in IRC Internal Revenue Code Sections 1273(b) and 1274(a)) of the Loan and its their yield to maturity (as determined for purposes of Section 163(i) of the IRC)maturity, and a “AHYDO Testing Date” is any regularly scheduled date on which interest is due and payable required to be paid hereunder and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the IRCInternal Revenue Code) closes. Any accrued interest that, which for any reason, reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on the Loan or any portion thereof Convertible Notes is made.

AHYDO. Notwithstanding anything to the contrary contained in the Loan Documentsthis Agreement, if (i1) any portion of the Loan remains Convertible Notes remain outstanding after the fifth anniversary of the initial incurrence thereof Closing Date and (ii2) the aggregate amount of the accrued but unpaid interest on such portion of the Loan Convertible Notes (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any AHYDO Testing Date (as hereinafter defineddefined below) occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual (as hereinafter defineddefined below), then all such accrued but unpaid interest on such portion of the Loan Convertible Notes (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by Borrower the Issuer to the Purchasers on such AHYDO Testing Date, it being the intent of the parties hereto that the deductibility of interest under such portion of the Loan shall Convertible Notes will not be limited or deferred by reason of treated as an “applicable high yield debt obligation” under Sections 163(e)(5) and Section 163(i) of the Internal Revenue Code, as amended (the “IRC”)Code and shall be interpreted consistently with such intent. As used hereinFor these purposes, the “Maximum Accrual” is an amount equal to the product of the Convertible Notes’ issue price (as defined in IRC Internal Revenue Code Sections 1273(b) and 1274(a)) of the Loan and its their yield to maturity (as determined for purposes of Section 163(i) of the IRC)maturity, and a “AHYDO Testing Date” is any regularly scheduled date on which interest is due and payable required to be paid hereunder and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the IRCInternal Revenue Code) closes. Any accrued interest that, which for any reason, reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on the Loan or any portion thereof Convertible Notes is made.. \\4140-6447-8783 v164123-4063-4962 v3