Common use of Contingent Interest Clause in Contracts

Contingent Interest. The Company shall pay Contingent Interest on the amounts represented by the Secured Series B1 Debentures to the Holder (a) on the Maturity Date of the Secured Series B1 Debentures, if owed, subject to the achievement of the contingencies described herein, (b) if the Company prepays any of the Secured Series B1 Debentures, without regard to the contingencies described herein, as to the amount prepaid, (c) without regard to the contingencies if there is a trade sale, and (d) without regard to the contingences described herein, upon the declaration of a default pursuant to the Secured Series B1 Debentures. Subject to the preceding sentence, Contingent Interest shall not be payable if: the Adjusted EBITDA is less than $ 500,000 for the 12-month period prior to the Maturity Date; provided, however, that if the Adjusted EBITDA is less than $ 500,000, then if the Adjusted EBITDA is in excess of $1,000,000 in the aggregate for the 36-month period immediately prior to the Maturity Date, the Contingent Interest shall be due and payable on the Maturity Date. Notwithstanding the foregoing, if an Event of Default occurs, the Contingent Interest shall be immediately due and payable.

Appears in 2 contracts

Samples: Secured Subordinated Debenture (Ameralia Inc), Secured Subordinated Debenture (Ameralia Inc)

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Contingent Interest. The Company shall pay Contingent Interest on the amounts represented by the Secured Series B1 C Debentures to the Holder (a) on the Maturity Date of the Secured Series B1 C Debentures, if owed, subject to the achievement of the contingencies described herein, (b) if the Company prepays any of the Secured Series B1 Debentures, without regard to the contingencies described herein, as to if the amount prepaidCompany prepays any of the Series C Debentures, (c) without regard to the contingencies if there is a trade sale, and (d) without regard to the contingences described herein, upon the declaration of a default pursuant to the Secured Series B1 C Debentures. Subject to the preceding sentence, Contingent Interest shall not be payable if: the Adjusted EBITDA is less than $ 500,000 for the 12-month period prior to the Maturity Date; provided, however, that if the Adjusted EBITDA is less than $ 500,000, then if the Adjusted EBITDA is in excess of $$ 1,000,000 in the aggregate for the 36-month period immediately prior to the Maturity Date, the Contingent Interest shall be due and payable on the Maturity Date. Notwithstanding the foregoing, if an Event of Default occurs, the Contingent Interest shall be immediately due and payable.

Appears in 1 contract

Samples: Debenture (Ameralia Inc)

Contingent Interest. The Except as provided in Section 8 above, the Company shall pay Contingent Interest on the amounts represented by the Secured Series B1 B2 Debentures to the Holder holders of the Debentures (a) on the Maturity Date of the Secured Series B1 B2 Debentures, if owed, subject to the achievement of the contingencies described herein, (b) if the Company Series B2 Debenture EXHIBIT E prepays any of the Secured Series B1 B2 Debentures, without regard to the contingencies described herein, as to the amount prepaid, (c) without regard to the contingencies if there is a trade sale, and (d) without regard to the contingences described herein, upon the declaration of a default pursuant to the Secured Series B1 B2 Debentures. Subject to the preceding sentence, Contingent Interest shall not be payable if: the Adjusted EBITDA is less than $ 500,000 for the 12-month period prior to the Maturity Date; provided, however, that if the Adjusted EBITDA is less than $ 500,000, then if the Adjusted EBITDA is in excess of $$ 1,000,000 in the aggregate for the 36-month period immediately prior to the Maturity Date, the Contingent Interest shall be due and payable on the Maturity Date. Notwithstanding the foregoing, if an Event of Default occurs, the Contingent Interest shall be immediately due and payable.

Appears in 1 contract

Samples: Secured Subordinated Debenture (Sentient Global Resources Fund I, L.P.)

Contingent Interest. The Except as provided in Section 8 above, the Company shall pay Contingent Interest on the amounts represented by the Secured Series B1 B2 Debentures to the Holder holders of the Debentures (a) on the Maturity Date of the Secured Series B1 B2 Debentures, if owed, subject to the achievement of the contingencies described herein, (b) if the Company Series B2 Debenture prepays any of the Secured Series B1 B2 Debentures, without regard to the contingencies described herein, as to the amount prepaid, (c) without regard to the contingencies if there is a trade sale, and (d) without regard to the contingences described herein, upon the declaration of a default pursuant to the Secured Series B1 B2 Debentures. Subject to the preceding sentence, Contingent Interest shall not be payable if: the Adjusted EBITDA is less than $ 500,000 for the 12-month period prior to the Maturity Date; provided, however, that if the Adjusted EBITDA is less than $ 500,000, then if the Adjusted EBITDA is in excess of $$ 1,000,000 in the aggregate for the 36-month period immediately prior to the Maturity Date, the Contingent Interest shall be due and payable on the Maturity Date. Notwithstanding the foregoing, if an Event of Default occurs, the Contingent Interest shall be immediately due and payable.

Appears in 1 contract

Samples: Secured Subordinated Debenture (Ameralia Inc)

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Contingent Interest. The Except as provided in Section 8 above, the Company shall pay Contingent Interest on the amounts represented by the Secured Series B1 B2 Debentures to the Holder holders of the Debentures (a) on the Maturity Date of the Secured Series B1 B2 Debentures, if owed, subject to the achievement of the contingencies described herein, (b) if the Company Series B2 Debenture EXHIBIT F prepays any of the Secured Series B1 B2 Debentures, without regard to the contingencies described herein, as to the amount prepaid, (c) without regard to the contingencies if there is a trade sale, and (d) without regard to the contingences described herein, upon the declaration of a default pursuant to the Secured Series B1 B2 Debentures. Subject to the preceding sentence, Contingent Interest shall not be payable if: the Adjusted EBITDA is less than $ 500,000 for the 12-month period prior to the Maturity Date; provided, however, that if the Adjusted EBITDA is less than $ 500,000, then if the Adjusted EBITDA is in excess of $$ 1,000,000 in the aggregate for the 36-month period immediately prior to the Maturity Date, the Contingent Interest shall be due and payable on the Maturity Date. Notwithstanding the foregoing, if an Event of Default occurs, the Contingent Interest shall be immediately due and payable.

Appears in 1 contract

Samples: Convertible Debenture (Sentient Global Resources Fund I, L.P.)

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