Cash Interest. The Company promises to pay interest at the Interest Rate in cash on the principal amount of this Note at the rate per annum of 4%. The Company will pay cash interest semiannually in arrears on June 20 and December 20 of each year (each an "Interest Payment Date") to Holders of record at the close of business on June 5 and December 5 (whether or not a business day) (each a "Regular Record Date"), as the case may be, immediately preceding such Interest Payment Date. Cash interest on the Notes will accrue from the most recent date to which interest has been paid or duly provided or, if no interest has been paid, from the Issue Date. Cash interest will be computed on the basis of a 360-day year of twelve 30-day months. The Company shall pay cash interest on overdue principal, or if shares of Common Stock (or cash in lieu of fractional shares) in respect of a conversion of this Note in accordance with the terms of Article 10 of the Indenture are not delivered when due, at the rate borne by the Notes plus 1% per annum, and it shall pay interest in cash on overdue installments of cash interest at the same rate to the extent lawful. All such overdue cash interest shall be payable on demand. In accordance with the terms of the Registration Rights Agreement, during the first 90 days following a Registration Default (as defined in the Registration Rights Agreement), the Interest Rate borne by the Notes shall be increased by 0.25% on: (A) the later of (i) the 91/st/ day after the earliest date of original issuance of any of the Notes and (ii) October 2, 2001, if the Shelf Registration Statement is not filed with the SEC; or (B) the 151/st/ day following the earliest date of original issuance of any of the Notes, if the Shelf Registration Statement is not declared effective; or (C) the day after the fifth business day after the Shelf Registration Statement, previously declared effective, ceases to be effective or fails to be usable, if a post-effective amendment (or report filed with the Exchange Act) that cures the Shelf Registration Statement is not filed during such five Business Day period; or (D) the day after the 45/th/ or 90/th/ day, as the case may be, of any period that the prospectus contained in the Shelf Registration Statement has been suspended, if such suspension has not been terminated. From and after the 91/st/ day following such Registration Default, the Interest Rate borne by the Notes shall be increased by 0.50%. In no event shall the Interest Rate borne by the Notes be increased by more than 0.50% Any amount of additional interest will be payable in cash semiannually, in arrears, on each Interest Payment Date and will cease to accrue on the date the Registration Default is cured. The Holder of this Security is entitled to the benefits of the Registration Rights Agreement.
Appears in 1 contract
Samples: Indenture (Resmed Inc)
Cash Interest. The Company promises to pay interest at the Interest Rate in cash on the principal amount of this Note at the rate per annum of 4%Note. The Company will pay cash interest semiannually semi-annually in arrears on June 20 May 26 and December 20 November 26 of each year (each an "Interest Payment Date") ), beginning on May 26, 2002, to Holders of record at the close of business on June 5 and December 5 the preceding May 11 or November 11 (whether or not a business day) (each a "Regular Record Date"), as the case may be, immediately preceding such Interest Payment Date. Cash interest on the Notes will accrue from the most recent date to which interest has been paid or duly provided or, if no interest has been paid, from the Issue Date. Cash interest will be computed on the basis of a 360-day year of twelve 30-day months. The Company shall pay cash interest on overdue principal, or if shares of Common Stock (or cash in lieu of fractional shares) in respect of a conversion of this Note in accordance with the terms of Article 10 of the Indenture are not delivered when due, at the rate borne by the Notes plus 1% per annumNotes, and it shall pay interest in cash on overdue installments of cash interest at the same rate to the extent lawful. All such overdue cash interest shall be payable on demand. In accordance with the terms of the Registration Rights Agreement, during the first 90 days following a Registration Default (as defined in the Registration Rights Agreement), the Interest Rate borne by the Notes shall be increased by 0.25% on:
(A) the later of (i) the 91/st/ 61st day after the earliest date of original issuance of any of the Notes and (ii) October 2, 2001Notes, if the Shelf Registration Statement is not filed with the SEC; or
(B) the 151/st/ 151st day following the earliest date of original issuance of any of the Notes, if the Shelf Registration Statement is not declared effective; or
(C) the day after the fifth business day after the Shelf Registration Statement, previously declared effective, ceases to be effective or fails to be usable, if a post-effective amendment (or report filed with the Exchange Act) that cures the Shelf Registration Statement is not filed during such five Business Day period; or
(D) the day after the 45/th/ 45th or 90/th/ 90th day, as the case may be, of any period that the prospectus contained in the Shelf Registration Statement has been suspended, if such suspension has not been terminated. From and after the 91/st/ 91st day following such Registration Default, the Interest Rate borne by the Notes shall be increased by 0.50%. In no event shall the Interest Rate borne by the Notes be increased by more than 0.50% Any amount of additional interest will be payable in cash semiannuallysemi-annually, in arrears, on each Interest Payment Date and will cease to accrue on the date the Registration Default is cured. The Holder of this Security is entitled to the benefits of the Registration Rights Agreement.
Appears in 1 contract
Samples: Indenture (Profit Recovery Group International Inc)
Cash Interest. The Company promises to pay interest at the Interest Rate in cash on the principal amount of this Note at the rate per annum of 4%Note. The Company will pay cash interest semiannually in arrears on June 20 April 15 and December 20 October 15, of each year (each an "Interest Payment Date") ), beginning on April 15, 2004, to Holders of record at the close of business on June 5 the preceding April 1 and December 5 October 1 (whether or not a business day) (each a "Regular Record Date"), as the case may be, immediately preceding such Interest Payment Date. Cash interest on the Notes will accrue from the most recent date to which interest has been paid or duly provided or, if no interest has been paid, from the Issue Date. Cash interest will be computed on the basis of a 360-day year of twelve 30-day months. The Company shall pay cash interest on overdue principal, or if shares of Common Stock (or cash in lieu of fractional shares) in respect of a conversion of this Note in accordance with the terms of Article 10 of the Indenture are not delivered when due, at the rate borne by the Notes plus 1% per annumNotes, and it shall pay interest in cash on overdue installments of cash interest at the same rate to the extent lawful. All such overdue cash interest shall be payable on demand. In accordance with the terms of the Registration Rights Agreement, during the first 90 days following a Registration Default (as defined in the Registration Rights Agreement), the Interest Rate borne by the Notes shall be increased by 0.25% onif:
(A) on the later of (i) the 91/st/ 91st day after the earliest date of original issuance of any of the Notes and (ii) October 2Notes, 2001, if the Shelf Registration Statement is has not been filed with the SEC; orCommission;
(B) on the 151/st/ 181st day following the earliest date of original issuance of any of the Notes, if the Shelf Registration Statement is not declared effective; or;
(C) the day after the fifth business day after the Shelf Registration Statement, previously declared effective, ceases shall cease to be effective or fails to be usable, if usable without being succeeded within five Business Days by a post-post effective amendment (or report filed with the Commission pursuant to the Exchange Act) Act that cures the failure of the Shelf Registration Statement is not filed during such five Business Day periodto be effective or usable; or
(D) the day after Company suspends the 45/th/ or 90/th/ day, as the case may be, use of any period that the prospectus contained in relating to the Shelf Registration Statement for a period exceeding 30 days in any three-month period or exceeding an aggregate of 90 days in any 12-month period, (each, a "Registration Default") additional interest in the form of Liquidated Damages will accrue from and including the day of the Registration Default to, but excluding, the day on which the Registration Default has been suspended, if such suspension has not been terminatedcured. From To and after including the 91/st/ 90th day following such Registration Default, additional interest in the Interest Rate borne by form of Liquidated Damages will accrue on the Notes shall be increased by at a rate per year equal to 0.25%. From and after the 91st day following such Registration Default, additional interest in the form of Liquidated Damages will accrue on the Notes at a rate per year equal to 0.50%. In no event shall the Interest Rate additional interest in the form of Liquidated Damages borne by the Notes be increased by more than 0.50% per annum. Any amount of additional interest Liquidated Damages will be payable in cash semiannually, in arrears, on each Interest Payment Date and will cease to accrue on the date the Registration Default is cured. The Holder of this Security Note is entitled to the benefits of the Registration Rights Agreement.
Appears in 1 contract
Samples: Indenture (Finisar Corp)
Cash Interest. The Company promises to pay interest at the Interest Rate in cash on the principal amount of this Note at the rate per annum of 4%Note. The Company will pay cash interest semiannually in arrears on June 20 January 3 and December 20 July 3 of each year (each an "Interest Payment Date") ), beginning on January 3, 2002, to Holders of record at the close of business on the preceding December 18 and June 5 and December 5 18 (whether or not a business day) (each a "Regular Record Date"), as the case may be, immediately preceding such Interest Payment Date. Cash interest on the Notes will accrue from the most recent date to which interest has been paid or duly provided or, if no interest has been paid, from the Issue Date. Cash interest will be computed on the basis of a 360-day year of twelve 30-day months. The Company shall pay cash interest on overdue principal, or if shares of Common Stock (or cash in lieu of fractional shares) in respect of a conversion of this Note in accordance with the terms of Article 10 of the Indenture are not delivered when due, at the rate borne by the Notes plus 1% per annumNotes, and it shall pay interest in cash on overdue installments of cash interest at the same rate to the extent lawful. All such overdue cash interest shall be payable on demand. In accordance with the terms of the Registration Rights Agreement, during the first 90 days following a Registration Default (as defined in the Registration Rights Agreement), the Interest Rate borne by the Notes shall be increased by 0.25% on:
(A) the later of (i) the 91/st/ 91st day after the earliest date of original issuance of any of the Notes and (ii) October 215, 2001, if the Shelf Registration Statement is not filed with the SEC; or
(B) the 151/st/ 181st day following the earliest date of original issuance of any of the Notes, if the Shelf Registration Statement is not declared effective; or
(C) the day after the fifth business day after the Shelf Registration Statement, previously declared effective, ceases to be effective or fails to be usable, if a post-effective amendment (or report filed with the Exchange Act) that cures the Shelf Registration Statement is not filed during such five Business Day period; or
(D) the day after the 45/th/ 45th or 90/th/ 90th day, as the case may be, of any period that the prospectus contained in the Shelf Registration Statement has been suspended, if such suspension has not been terminated. From and after the 91/st/ 91st day following such Registration Default, the Interest Rate borne by the Notes shall be increased by 0.50%. In no event shall the Interest Rate borne by the Notes be increased by more than 0.50% %. Any amount of additional interest will be payable in cash semiannually, in arrears, on each Interest Payment Date and will cease to accrue on the date the Registration Default is cured. The Holder of this Security is entitled to the benefits of the Registration Rights Agreement.
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