Calculation and Payment of Interest. (a) Interest on the outstanding principal amount from time to time of each Loan (other than BA Rate Loans) and on the amount of overdue interest outstanding thereon from time to time shall accrue from day to day from and including the date on which the credit is obtained by way of such Loan or the date on which such payment of overdue interest was due, as the case may be, to but excluding the date on which such Loan or such overdue interest, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and shall be calculated on the basis of the actual number of days elapsed divided by (x) 365 (or 366, as in the case may be (of a leap year), in the case of a Prime Rate Loan or a Base Rate Canada Loan), or divided by (or any overdue interest thereon) (y) 365, in the case of a Term CXXXX Loan or a Daily Compounded CXXXX Loan (or any overdue interest thereon) and (z) 360 (, in the case of a Term Benchmark Loan (or any overdue interest thereon). (b) Accrued interest shall be paid, (i) in the case of interest on Prime Rate Loans and Base Rate Canada Loans, monthly in arrears on the last Business Day of each calendar month; and (ii) in the case of interest on Term CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Term CXXXX Loan and on the termination of the Credit Facility; (iii) in the case of interest on Daily Compounded CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Daily Compounded CXXXX Loan and on the termination of the Credit Facility; and (iv) (ii) in the case of interest on Term Benchmark Loans, on the last day of the applicable Interest Period; provided that, in the case of Interest Periods of a duration longer than three months, accrued interest shall be paid no less frequently than every three months from the first day of such Interest Period during the term of such Interest Period and on the date on which such Loans are otherwise required to be repaid. (c) Interest on each BA Rate Loan shall be paid in advance as provided in Section 3.5.
Appears in 1 contract
Calculation and Payment of Interest. (a) Interest on the principal balance of this Note outstanding principal amount from time to time of each Loan (other than BA Rate Loans) and on the amount of overdue interest outstanding thereon from time to time shall accrue from day to day from at the rate of eleven and including the date on which the credit is obtained by way of such Loan or the date on which such payment of overdue interest was due, as the case may be, to but excluding the date on which such Loan or such overdue interest, as the case may be, is repaid in full one-half percent (both before and after maturity and as well after as before judgment11 1/2%) and shall be calculated per annum computed on the basis of a 365 or 366-day year, as appropriate, for the actual number of days elapsed divided by (x) 365 (or 366elapsed, as in the case may be (of a leap year), in the case of a Prime Rate Loan or a Base Rate Canada Loan), or divided by (or any overdue interest thereon) (y) 365, in the case of a Term CXXXX Loan or a Daily Compounded CXXXX Loan (or any overdue interest thereon) and (z) 360 (, in the case of a Term Benchmark Loan (or any overdue interest thereon).
(b) Accrued interest shall be paid,
(i) in the case of interest on Prime Rate Loans and Base Rate Canada Loans, monthly in arrears commencing on the last Business Day of each calendar month; and
date hereof (ii) in the case of interest on Term CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Term CXXXX Loan and on the termination of the Credit Facility;
(iii) in the case of interest on Daily Compounded CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Daily Compounded CXXXX Loan and on the termination of the Credit Facility; and
(iv) (ii) in the case of interest on Term Benchmark Loans, on the last day of the applicable Interest Period; provided that, in the case of Interest Periods of a duration longer than three months, accrued interest shall be paid no less frequently than every three months from the first day of such Interest Period during the term of such Interest Period and on the date of issuance with respect to any PIK Note). Such interest shall be payable semi- annually in arrears, beginning on which January 24, 2001 and thereafter on each July 24/th/ and January 24/th/ (each, an "Interest Payment Date") through and including July 24, 2004 by the issuance of a promissory note in a principal amount equal to interest accrued but not otherwise paid (by the issuance of a PIK Note or otherwise) on the principal amount hereof through and including such Loans Interest Payment Date and otherwise having such terms and provisions that are otherwise required the same as the terms and provisions of this Note (each such promissory note a "PIK Note"), and (without limiting the Payor's obligation to issue in each such instance, a PIK Note) Payor shall be repaid.
deemed to have issued a PIK Note to Payee for any such interest regardless of whether Payor shall have actually delivered any such PIK Note to Payee. On and after January 24, 2005, payment of such interest shall be made semi-annually in arrears on each Interest Payment Date until the Maturity Date (as defined below) and on the Maturity Date in cash; provided, however, that such payment shall instead be made by the issuance of a -------- ------- PIK Note for such interest, and (without limiting the Payor's obligation to issue in each such instance a PIK Note) Payor shall be deemed to have issued a PIK Note to Payee for any such interest regardless of whether Payor shall have actually delivered any such PIK Note, if (a) a payment default under the Credit Agreement or the other Bank Debt Documents has occurred and is continuing, (b) the Leverage Ratio for the most recently ended fiscal quarter is greater than 2.0:1 or (c) Interest on each BA Rate Loan after giving effect to such payment, the ratio of (I) Consolidated Total Debt plus the aggregate principal amount of outstanding Notes to (II) Consolidated Adjusted EBITDA for the four Fiscal Quarter period then most recently ended would be greater than 3.0:1. Payee, by acceptance hereof, acknowledges (i) that Payor is contractually bound hereunder to pay interest in cash only if the conditions specified in Sections 1.1 (a) or (b) or (c) above are not met, (ii) that any interest not paid in cash shall be paid in advance the form of a PIK Note, and (iii) the failure to pay cash interest as provided in Section 3.5a result of Sections 1.1(a), (b) or (c) shall not constitute a default or Event of Default under this note.
Appears in 1 contract
Samples: Seller Note (Northrop Grumman Corp)
Calculation and Payment of Interest. (a) Interest on the outstanding principal amount from time to time of each Prime Rate Loan (other than BA Rate Loans) and on the amount of overdue interest outstanding thereon from time to time shall accrue from day to day from and including the date on which the credit is obtained by way of such Prime Rate Loan or the date on which such payment of overdue interest was due, as the case may be, to but excluding the date on which such Prime Rate Loan or such overdue interest, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and shall be calculated on the basis of the actual number of days elapsed divided by (x) 365 (or 366, as in the case may be (of a leap year), 366 in the case of a Prime Rate Loan or a Base Rate Canada Loan), or divided by (or any overdue interest thereon) (y) 365, in the case of a Term CXXXX Loan or a Daily Compounded CXXXX Loan (or any overdue interest thereon) and (z) 360 (, in the case of a Term Benchmark Loan (or any overdue interest thereon)leap year.
(b) Interest on the outstanding principal amount from time to time of each LIBOR Loan and ABRCAN Loan and on the amount of overdue interest thereon from time to time shall accrue from day to day from and including the date on which credit is obtained by way of such Loan or the date on which such payment of overdue interest was due, as the case may be, to but excluding the date on which such Loan or overdue interest, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and shall be calculated on the basis of the actual number of days elapsed divided by 360.
(c) Accrued interest shall be paid,
(i) in the case of interest on Prime Rate Loans and Base Rate Canada ABRCAN Loans, monthly in arrears on the last Business Banking Day of each calendar month; and
(ii) in the case of interest on Term CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Term CXXXX Loan and on the termination of the Credit Facility;
(iii) in the case of interest on Daily Compounded CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Daily Compounded CXXXX Loan and on the termination of the Credit Facility; and
(iv) (ii) in the case of interest on Term Benchmark LIBOR Loans, on the last day of the applicable Interest Period; provided that, in the case of Interest Periods of a duration longer than three months, accrued interest shall be paid no less frequently than every three months from the first day of such Interest Period during the term of such Interest Period and on the date on which such Loans are otherwise required to be repaid.
(c) Interest on each BA Rate Loan shall be paid in advance as provided in Section 3.5.
Appears in 1 contract
Calculation and Payment of Interest. (a) Interest on the outstanding principal amount from time to time of each Loan (other than BA Rate Loans) and on the amount of overdue interest outstanding thereon from time to time shall accrue from day to day from and including the date on which the credit is obtained by way of such Loan or the date on which such payment of overdue interest was is due, as the case may be, to but excluding the date on which such Loan or such overdue interest, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and shall be calculated on the basis of the actual number of days elapsed divided by (x) 365 (or 366, as in the case may be (of a leap year)360, in the case of a Prime Rate either a Term Benchmark Loan or a Base Rate Canada an Existing LIBOR Loan), or divided by 365 days (or any overdue interest thereon) (y) 365366, in the case of a Term CXXXX Loan or a Daily Compounded CXXXX Loan (or any overdue interest thereonleap year) and (z) 360 (, in the case of a Term Benchmark Loan (or any overdue interest thereon)Base Rate Loan.
(b) Accrued interest shall be paid,:
(i) in the case of interest on Prime Rate Loans and Base Rate Canada Loans, monthly in arrears on the last Business Day day of each calendar month; and
(ii) in the case of interest on Term CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Term CXXXX Loan and on the termination of the Credit Facility;
(iii) in the case of interest on Daily Compounded CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Daily Compounded CXXXX Loan and on the termination of the Credit Facility; and
(iv) (ii) in the case of interest on Term Benchmark Loans, on the last day of the applicable Interest PeriodPayment Date; provided that, in the case of Interest Periods of a duration longer than three months, accrued interest shall be paid no less frequently than every three months from the first day of such Interest Period during the term of such Interest Period and on the date on which such Term Benchmark Loans are otherwise required to be repaid.; and
(ciii) in the case of interest on Existing LIBOR Loans, on the last day of the applicable Interest on each BA Rate Loan Period and the Maturity Date; provided that, in the case of Interest Periods of a duration longer than three months, accrued interest shall be paid in advance as provided in Section 3.5no less frequently than every three months from the first day of such Interest Period during the term of such Interest Period and on the date on which such Existing LIBOR Loans are otherwise required to be repaid, including, for greater certainty, the Maturity Date.
Appears in 1 contract
Calculation and Payment of Interest. (a) Interest on the outstanding principal amount from time to time of each Prime Rate Loan (other than BA Rate Loans) and on the amount of overdue interest outstanding thereon from time to time shall accrue from day to day from and including the date on which the credit is obtained by way of such Loan or the date on which such payment of overdue interest was is due, as the case may be, to but excluding the date on which such Loan or such overdue interest, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and shall be calculated on the basis of the actual number of days elapsed divided by (x) 365 (or 366, as in the case may be (of a leap year), in the case of a Prime Rate Loan or a Base Rate Canada Loan), or divided by (or any overdue interest thereon) (y) 365, in the case of a Term CXXXX Loan or a Daily Compounded CXXXX Loan (or any overdue interest thereon) and (z) 360 (, in the case of a Term Benchmark Loan (or any overdue interest thereon).
(b) Interest on the outstanding principal amount from time to time of each LIBOR Loan, Base Rate Canada Loan and Base Rate New York Loan and on overdue interest thereon shall accrue from day to day from and including the date on which credit is obtained by way of such Loan or on which such overdue interest is due, as the case may be, to but excluding the date on which such Loan or overdue interest, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and shall be calculated on the basis of the actual number of days elapsed divided by 360.
(c) Accrued interest shall be paid,
(i) in the case of interest on Prime Rate Loans, Base Rate Canada Loans and Base Rate Canada New York Loans, monthly in arrears on the last Business Day 22nd day of each calendar month; and
(ii) in the case of interest on Term CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Term CXXXX Loan and on the termination of the Credit Facility;
(iii) in the case of interest on Daily Compounded CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Daily Compounded CXXXX Loan and on the termination of the Credit Facility; and
(iv) (ii) in the case of interest on Term Benchmark LIBOR Loans, on the last day of the applicable Interest Period; provided that, in the case of Interest Periods of a duration longer than three months, accrued interest shall be paid no less frequently than every three months from the first day of such Interest Period during the term of such Interest Period and on the date on which such LIBOR Loans are otherwise required to be repaid.
(c) Interest on each BA Rate Loan shall be paid in advance as provided in Section 3.5.
Appears in 1 contract
Samples: Credit Agreement (Kinross Gold Corp)
Calculation and Payment of Interest. (a) Interest on the outstanding principal amount from time to time of each Prime Rate Loan (other than BA and Base Rate Loans) Canada Loan and on the amount of overdue interest outstanding thereon from time to time shall accrue from day to day from and including the date on which the credit is obtained by way of such Loan or the date on which such payment of overdue interest was is due, as the case may be, to but excluding the date on which such Loan or such overdue interest, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and shall be calculated on the basis of the actual number of days elapsed divided by (x) 365 (or 366, as in the case may be (of a leap year), in the case of a Prime Rate Loan or a Base Rate Canada Loan), or divided by (or any overdue interest thereon) (y) 365, in the case of a Term CXXXX Loan or a Daily Compounded CXXXX Loan (or any overdue interest thereon) and (z) 360 (, in the case of a Term Benchmark Loan (or any overdue interest thereon).
(b) Interest on the outstanding principal amount from time to time of each LIBOR Loan and Base Rate New York Loan and on overdue interest thereon shall accrue from day to day from and including the date on which credit is obtained by way of such Loan or on which such overdue interest is due, as the case may be, to but excluding the date on which such Loan or overdue interest, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and shall be calculated on the basis of the actual number of days elapsed divided by 360.
(c) Accrued interest shall be paid,
(i) in the case of interest on Prime Rate Loans, Base Rate Canada Loans and Base Rate Canada New York Loans, monthly in arrears on the last Business Day 22nd day of each calendar month; and
(ii) in the case of interest on Term CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Term CXXXX Loan and on the termination of the Credit Facility;
(iii) in the case of interest on Daily Compounded CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Daily Compounded CXXXX Loan and on the termination of the Credit Facility; and
(iv) (ii) in the case of interest on Term Benchmark LIBOR Loans, on the last day of the applicable Interest Period; provided that, in the case of Interest Periods of a duration longer than three months, accrued interest shall be paid no less frequently than every three months from the first day of such Interest Period during the term of such Interest Period and on the date on which such LIBOR Loans are otherwise required to be repaid.
(c) Interest on each BA Rate Loan shall be paid in advance as provided in Section 3.5.
Appears in 1 contract
Samples: Credit Agreement (Kinross Gold Corp)
Calculation and Payment of Interest. (a) Interest 3.1.1 The Borrower will pay interest on each Term A Loan outstanding from the date when made, and all interest which is not paid when due shall bear interest, at LIBOR plus 800bps. Each determination of LIBOR by the Required Term A Lenders in respect of the Term A Facility shall be conclusive and binding on Borrower in the absence of manifest error. Unless and until the Required Term A Lenders advise the Borrower in writing that the Borrower shall no longer have the option to capitalize interest on the outstanding principal amount from time Term A Loans, all interest accruing on the Term A Loans to time the Maturity Date shall, unless paid by the Borrower, be capitalized annually and added at the end of each Loan (other than BA Rate Loans) and on the amount of overdue interest outstanding thereon from time to time shall accrue from day to day from and including the date on which the credit is obtained by way of such Loan or the date on which such payment of overdue interest was due, as the case may becalendar year, to but excluding the date on which such Loan or such overdue interestprincipal balance of the Term A Loans, as the case may be, is repaid in full (both before and after maturity and as well after as before judgment) and thereafter interest shall be calculated on such increased principal balance at the same rate applicable to the Term A Loans as specified above.
3.1.2 The Borrower will pay interest on each Term B Loan outstanding from the date when made, and all interest which is not paid when due shall bear interest, at a rate per annum equal to 10%. Unless and until the Required Term B Lenders advise the Borrower in writing that the Borrower shall no longer have the option to capitalize interest on the Term B Loans, all interest accruing on the Term B Loans from and after January 1, 2018 to the Maturity Date shall, unless paid by the Borrower, be capitalized annually and added at the end of each calendar year, to the principal balance of the Term B Loans, and thereafter interest shall be calculated on such increased principal balance at the same rate applicable to the Term B Loans as specified above.
3.1.3 All computations of interest payable under this Agreement, including of LIBOR, shall be made on the basis of the actual number of days elapsed divided by a three hundred sixty-five (x) 365 365)-day year (or three hundred sixty six (366, as ) days in the case may be (of a leap year), in each case, based on actual days elapsed.
3.1.4 To the case of a Prime Rate Loan or a Base Rate Canada Loanmaximum extent permitted by Applicable Law, the Borrower will pay interest on all overdue amounts owing by the Borrower under this Agreement (other than on amounts which have been capitalized in accordance with Sections 3.1.1 and 3.1.2, which capitalized interest, for greater certainty, shall not be considered to be overdue but shall bear interest as provided in Sections 3.1.1 and 3.1.2), or divided by (or including on any overdue interest thereonpayments, from the date each of those amounts is due until the date each of those amounts is paid in full at the applicable rate specified in clause 3.1.1 or 3.1.2 above, plus two (2) (y) 365percent, in which amount will be calculated daily, added to the case of a Term CXXXX Loan or a Daily Compounded CXXXX Loan (or any overdue interest thereon) and (z) 360 (, in the case of a Term Benchmark Loan (or any overdue interest thereon).
(b) Accrued interest shall be paid,
(i) in the case of interest on Prime Rate Loans and Base Rate Canada Loans, monthly in arrears on the last Business Day of each calendar month; and
(ii) in the case of interest on Term CXXXX Loans, on the last day outstanding principal balance of the applicable Interest PeriodLoans monthly, and shall be payable on the prepayment demand of any portion of such Term CXXXX Loan and on the termination of the Credit Facility;
(iii) in the case of interest on Daily Compounded CXXXX Loans, on the last day of the applicable Interest Period, on the prepayment of any portion of such Daily Compounded CXXXX Loan and on the termination of the Credit Facility; and
(iv) (ii) in the case of interest on Term Benchmark Loans, on the last day of the applicable Interest Period; provided that, in the case of Interest Periods of a duration longer than three months, accrued interest shall be paid no less frequently than every three months from the first day of such Interest Period during the term of such Interest Period and on the date on which such Loans are otherwise required to be repaidLender.
(c) Interest on each BA Rate Loan shall be paid in advance as provided in Section 3.5.
Appears in 1 contract
Samples: Credit Agreement (Frankly Inc)