Common use of Default Interest; Late Charge Clause in Contracts

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three percent (3.0%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three percent (3.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers shall pay a late charge equal to three percent (3.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan Documents, which is not paid by the Borrowers within ten (10) days of the date when due.

Appears in 4 contracts

Samples: Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp)

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Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three percent (3.0%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment) until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three four percent (3.04.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three percent (3.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans (other than amounts due on the Maturity Date or any other amounts payable hereunder or under the other Loan Documentsas a result of acceleration), which is not paid by the Borrowers Borrower within ten (10) days of the date when due.

Appears in 3 contracts

Samples: Credit Agreement (Plymouth Industrial REIT, Inc.), Credit Agreement (Plymouth Industrial REIT, Inc.), Credit Agreement (Plymouth Industrial REIT Inc.)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three percent (3.0%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three percent (3.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Parent Borrower shall pay a late charge equal to three percent (3.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan Documents, which is not paid by the Borrowers Parent Borrower within ten (10) days of the date when due.

Appears in 2 contracts

Samples: Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three percent (3.0%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), ) and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three percent (3.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers shall pay a late charge equal to three percent (3.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans (other than amounts due on the Maturity Date or any other amounts payable hereunder or under the other Loan Documentsas a result of acceleration), which is not paid by the Borrowers within ten five (105) days of the date when duedue but not including the final balloon payment of principal due on the Loan.

Appears in 2 contracts

Samples: Credit Agreement (Bluerock Residential Growth REIT, Inc.), Credit Agreement (Bluerock Residential Growth REIT, Inc.)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three four percent (3.04.0%) above the interest rate for Base Rate Loans that would otherwise be in effect hereunder applicable at such time (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three four percent (3.04.0%) above the Letter of Credit fee that would otherwise be applicable to at such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three percent (3.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan DocumentsDocuments (other than payments due at maturity or upon acceleration), which is not paid by the Borrowers Borrower within ten five (105) days Business Days of the date when due.

Appears in 1 contract

Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three percent (3.0%) above the interest rate that would otherwise be in effect hereunder (the "Default Rate"), until such amount shall be paid in full (after as well as before judgment) until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three four percent (3.04.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three percent (3.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans (other than amounts due on the Maturity Date or any other amounts payable hereunder or under the other Loan Documentsas a result of acceleration), which is not paid by the Borrowers Borrower within ten (10) days of the date when due.

Appears in 1 contract

Samples: Credit Agreement (Plymouth Industrial REIT Inc.)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to the sum of the Base Rate plus the Revolving Credit Applicable Margin for Revolving Credit Base Rate Loans plus three percent (3.0%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), ) and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three percent (3.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three four percent (3.04.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan Documents, which is not paid by the Borrowers Borrower within ten (10) days of the date when duedue but not including the final balloon payment of principal due on the Loan.

Appears in 1 contract

Samples: Credit Agreement (Modiv Inc.)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three the sum of the Base Rate plus two percent (3.02.0%) above the interest rate that would otherwise be in effect hereunder plus five percent (5.0%) (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three five percent (3.05.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three four percent (3.04.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan Documents, which is not paid by the Borrowers Borrower within ten (10) days of the date when duedue (or, in the case of amounts due at the Maturity Date, within fifteen (15) Business Days of such date).

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Reit I Inc)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to the sum of the Base Rate plus the Applicable Margin plus three percent (3.03%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three percent (3.03%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three two percent (3.02%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan Documents, which is not paid by the Borrowers Borrower within ten (10) days of the date when duedue (other than amounts payable at the Maturity Date, whether by acceleration or otherwise).

Appears in 1 contract

Samples: Credit Agreement (Monogram Residential Trust, Inc.)

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Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of DefaultDefault and at the written request of the Required Lenders, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three percent (3.0%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), ) and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three percent (3.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three percent (3.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans (other than amounts due on the Maturity Date or any other amounts payable hereunder or under the other Loan Documentsas a result of acceleration), which is not paid by the Borrowers Borrower within ten (10) days of the date when duedue but not including the final balloon payment of principal due on the Loan.

Appears in 1 contract

Samples: Credit Agreement (Highlands REIT, Inc.)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three percent (3.0%) above the interest rate that would otherwise be in effect hereunder Base Rate (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three percent (3.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three four percent (3.04.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan Documents, which is not paid by the Borrowers Borrower within ten (10) days of the date when due.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Republic Property Trust)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three percent (3.0%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three percent (3.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers shall pay a late charge equal to three percent (3.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan Documents, which is not paid by the Borrowers within ten (10) days of the date when due.

Appears in 1 contract

Samples: Credit Agreement (CoreSite Realty Corp)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three two percent (3.02.0%) above the interest rate that would otherwise be in effect hereunder Base Rate (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three two percent (3.02.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers shall pay a late charge equal to three four percent (3.04.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans or any other amounts payable hereunder or under the other Loan Documents, which is not paid by the Borrowers within ten (10) days of the date when due.

Appears in 1 contract

Samples: Credit Agreement (Dupont Fabros Technology, Inc.)

Default Interest; Late Charge. Following the occurrence and during the continuance of any Event of Default, and regardless of whether or not the Agent or the Lenders shall have accelerated the maturity of the Loans, all Loans shall bear interest payable on demand at a rate per annum equal to three four percent (3.04.0%) above the interest rate that would otherwise be in effect hereunder (the “Default Rate”), until such amount shall be paid in full (after as well as before judgment) until such amount shall be paid in full (after as well as before judgment), and the fee payable with respect to Letters of Credit shall be increased to a rate equal to three four percent (3.04.0%) above the Letter of Credit fee that would otherwise be applicable to such time, or if any of such amounts shall exceed the maximum rate permitted by law, then at the maximum rate permitted by law. In addition, the Borrowers Borrower shall pay a late charge equal to three four percent (3.04.0%) of any Dollar Equivalent amount of interest and/or principal payable on the Loans (other than amounts due on the Maturity Date or any other amounts payable hereunder or under the other Loan Documentsas a result of acceleration), which is not paid by the Borrowers Borrower within ten (10) days of the date when due.

Appears in 1 contract

Samples: Credit Agreement (Plymouth Industrial REIT Inc.)

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