Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 8 contracts
Samples: Amendment and Restatement Agreement (Markit Ltd.), Agreement (Midamerican Energy Holdings Co /New/), Agreement (Midamerican Energy Holdings Co /New/)
Default Interest. (a) 7.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowclause 7.3.2, is one per cent 2% (two percent) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 7.3 shall be immediately payable by the relevant Obligor on demand by the Facility Agent.
Appears in 8 contracts
Samples: Revolving Credit Facility Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent cent. (1%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the that Obligor on demand by the Agent.
Appears in 8 contracts
Samples: www.sec.gov, Assignment Agreement (Gold Fields LTD), Assignment Agreement (Gold Fields LTD)
Default Interest. (a) If an Obligor the Borrower fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one the sum of 2 per cent higher than cent. and the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor Borrower on demand by the Agent.
Appears in 7 contracts
Samples: Agreement (Mobile Telesystems Ojsc), Agreement (MTS Inc), Facility Agreement (MTS Inc)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent 1% higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 12.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 6 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one the sum of 1 per cent higher than and the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 6 contracts
Samples: Facility Agreement (Aon Corp), Agreement (Discovery Communications, Inc.), Multicurrency Term and Revolving Facilities Agreement (LG Acquisition Corp.)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 5 contracts
Samples: Facility Agreement (Gold Fields LTD), Agreement (Aluminum Corp of China), Facility Agreement (Gold Fields LTD)
Default Interest. (aA) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (bB) below, is one 1.0 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-non payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause shall be immediately payable by the Obligor on demand by the that Facility Agent.
Appears in 5 contracts
Samples: Charge Over (Kosmos Energy Ltd.), Intercompany Loan Agreement (Kosmos Energy Ltd.), Agreement (Kosmos Energy Ltd.)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent cent. (1%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 15.4 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 4 contracts
Samples: Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one the sum of 1 per cent higher than cent. and the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 4 contracts
Samples: Facility Agreement (Intercontinental Hotels Group PLC /New/), Agreement (Mitchells & Butlers PLC), Agreement (Intercontinental Hotels Group PLC /New/)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one the sum of 1 per cent higher than cent. and the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 12.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 4 contracts
Samples: Facility Agreement (Rockwood Specialties Group Inc), Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc)
Default Interest. (a) 15.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) sub-clause 15.3.2 below, is one per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 15.3 shall be immediately payable by the Obligor on demand by the Facility Agent.
Appears in 4 contracts
Samples: Facilities Agreement (Shire Ltd.), Agreement (Shire PLC), Facilities Agreement (Shire PLC)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowclause 13.3(b), is one per cent 2% higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 13.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 4 contracts
Samples: Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC)
Default Interest. (aA) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (bB) below, is one 1.0 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause shall be immediately payable by the Obligor on demand by the that Facility Agent.
Appears in 3 contracts
Samples: Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.), Credit Facility Agreement (Kosmos Energy Ltd.)
Default Interest. (a) 8.3.1 If an Obligor the Borrower fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 8.3.2 below, is one per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 (Default Interest) shall be immediately payable by the Obligor Borrower on demand by the AgentAgent .
Appears in 3 contracts
Samples: Agreement (Hoegh LNG Partners LP), Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Default Interest. (a) 10.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, Clause 10.3.2 below is one 2% per cent annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Sibanye Stillwater LTD), Facility Agreement (Sibanye Gold LTD)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 6.3 shall be immediately payable by the that Obligor on demand by the Agent.
Appears in 3 contracts
Samples: Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc)
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 8.3.2 below, is one two per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Default Interest. (a) 8.3 If an Obligor fails to pay any amount payable by it under a Finance Document (other than a Hedging Contract) on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.4 below, is one 2 per cent per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a the Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Teekay LNG Partners L.P.)
Default Interest. (a) 8.3 If an Obligor fails to pay any amount payable by it under a Finance Document (other than a Hedging Contract) on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.4 below, is one two per cent per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a the Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Samples: www.lw.com, Teekay LNG Partners L.P.
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one two per cent (2.00%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a the Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Samples: Assignment Agreement (DHT Holdings, Inc.), Assignment Agreement (DHT Holdings, Inc.)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document (other than a Hedging Contract) on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph Clause 8.3(b) (bDefault interest) below, is one 2% per cent annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount an Advance for successive ninety (90)-day Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under in accordance with this Clause 9.3 8.3 shall be immediately payable by the Obligor Obligors on demand by the Administrative Agent.
Appears in 2 contracts
Samples: Agreement (Dorian LPG Ltd.), Agreement (Dorian LPG Ltd.)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one two per cent cent. per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Samples: Agreement (Alliance Data Systems Corp), Agreement (Alliance Data Systems Corp)
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.3.2 below, is one per cent 2.5% higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a the Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under in accordance with this Clause 9.3 clause 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Samples: Agreement (Teekay Tankers Ltd.), Agreement (Teekay Tankers Ltd.)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the that overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 2% per cent annum higher than the rate which would have been payable if the that overdue amount had, during the period of such non-payment, constituted a the Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 shall be immediately payable by the that Obligor on demand by the Facility Agent.
Appears in 2 contracts
Samples: Intercreditor Agreement (WuXi PharmaTech (Cayman) Inc.), Intercreditor Agreement (WuXi PharmaTech (Cayman) Inc.)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 1 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Samples: Single Currency Term Facility Agreement (Bristol Myers Squibb Co), Agreement (Bristol Myers Squibb Co)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 1.00 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 13.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Samples: South Texas Supply Company, Inc., South Texas Supply Company, Inc.
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 2 contracts
Samples: Facility Agreement (Delhaize Group), Facility Agreement (Delhaize Group)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one two per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the Obligor on demand by the Facility Agent.
Appears in 2 contracts
Samples: Consent and Agreement (Harry Winston Diamond Corp), Consent and Agreement (Harry Winston Diamond Corp)
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount (other than interest) payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) 8.3.2 below, is one per cent per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the an Agent.
Appears in 2 contracts
Samples: Term Facility Agreement (Luxottica Group Spa), Term Facility Agreement (Luxottica Group Spa)
Default Interest. (a) 12.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 12.3.2 below, is one two (2) per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 12.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one two per cent (2%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 12.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Agreement (Paradigm Ltd.)
Default Interest. (a) 8.3.1 If an Obligor the Borrower fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) sub-clause 8.3.2 below, is one per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor Borrower on demand by the Agent.
Appears in 1 contract
Samples: Cellcom Israel Ltd.
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowclause 9.3(b), is one 2% per cent annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause clause 9.3 shall be immediately payable by the Obligor on demand by the Facility Agent.
Appears in 1 contract
Default Interest. (a) 6.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 6.3.2, is one 2 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 6.3 shall be immediately payable by the relevant Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Agreement (Gold Fields LTD)
Default Interest. (a) 10.4.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 10.4.2 below, is one 2 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 shall be immediately payable by the Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Royal Invest International Corp.
Default Interest. (a) 10.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) sub-clause 10.3.2 below, is one two per cent cent. (2%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 shall be immediately payable by the Obligor Obligor, as the case may be, on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 8.3 If an Obligor fails to pay any amount payable by it under a Finance Document (other than a Hedging Contract) on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowclause 8.4, is one two point five per cent per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a the Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Agreement (Globus Maritime LTD)
Default Interest. (a) 9.5.1 If an Obligor the Borrower fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 9.5.2 below, is one 2% per cent annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount that Unpaid Sum for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 9.5 shall be immediately payable by the Obligor Borrower on demand by the Agent.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Net 1 Ueps Technologies Inc)
Default Interest. (a) 10.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) sub-clause 10.3.2 below, is one two per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan an Advance in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Facility Agreement (Central European Distribution Corp)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one two per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 13.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Facility Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowclause 8.3.2, is one two per cent cent. (2%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 shall be immediately payable by the relevant Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Agreement (Genesis Lease LTD)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) 10.3 below, is one two per cent cent. (2%) higher than the rate which would have been payable if the overdue amount had, during the period of non-non- payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Credit Facilities Agreement
Default Interest. (a) 16.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) sub-clause 16.3.2 below, is one per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 16.3 shall be immediately payable by the Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Facilities Agreement (Shire Pharmaceuticals Group PLC)
Default Interest. (a) 8.3.1 If an Obligor the Borrower fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 8.3.2 below, is one per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 (Default Interest) shall be immediately payable by the Obligor Borrower on demand by the Agent.
Appears in 1 contract
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowclause 10.5(b), is one per cent 3.50% higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 10.5 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 14.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 14.3.2 below, is one per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 14.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 1.00 per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted an Advance (not being a Loan Swingline Advance) in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the relevant Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Credit Agreement (Abb LTD)
Default Interest. (a) 9.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 9.3.2, is one per cent percent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent Lender (acting reasonably). Any interest accruing under this Clause 9.3 (Default interest) shall be immediately payable by the Obligor on demand by the AgentLender.
Appears in 1 contract
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 2 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-paymentnon‑payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 11.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 1%, per cent annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 11.4 (Notification of rates of interest) shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: www.stanleygibbonsplc.com
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document (other than any Hedging Agreement) on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 8.3.2 below, is one three per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting Agent(acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 8.4.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.4.2 below, is one per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.4 shall be immediately payable by the Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Facilities Agreement (Hungarian Telephone & Cable Corp)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 1.00 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted an Advance (not being a Loan Swingline Advance) in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the relevant Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Credit Agreement (Abb LTD)
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document (other than a Hedging Contract) on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.3.2 below, is one per cent 2 percentage points higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a the Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under in accordance with this Clause 9.3 clause 8.3 shall be immediately payable by the Obligor Obligors on demand by the Agent.
Appears in 1 contract
Samples: DryShips Inc.
Default Interest. (a) 13.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 13.3.2, is one two per cent cent. per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 13.3 (Default interest) shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Junior Facility Agreement (Endeavour International Corp)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 1 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 14.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Facility Agreement (Orion Engineered Carbons S.a r.l.)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 8.3(b), is one two per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-paymentnonpayment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 9.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 9.3.2, is one 1 per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 9.3.1 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Agreement (AVG Technologies N.V.)
Default Interest. (a) 10.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 10.3.2, is one two per cent cent. per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 (Default interest) shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) 10.3 below, is one two per cent cent. (2%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Credit Facilities Agreement (KNOT Offshore Partners LP)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowclause 13.3(b), is one per cent 2% higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting 10-16526587-2\13845-2639 77 CONFORMED COPY reasonably). Any interest accruing under this Clause 9.3 clause 13.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 9.3 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 9.4 below, is one two per cent (2%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause clauses 9.3 to 9.5 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 8.3.2, is one two per cent cent. per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 (Default interest) shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: Junior Facility Agreement (Endeavour International Corp)
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document (other than a Hedging Contract) on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.3.2 below, is one per cent 2 percentage points higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount Advances for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under in accordance with this Clause 9.3 clause 8.3 shall be immediately payable by the Obligor Obligors on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.3.2 below, is one two per cent (2%) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency an Advance of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 (Default interest) shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 7.4.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowclause 7.4.2, is one per cent 2% (two percent) higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 7.3 shall be immediately payable by the relevant Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount Unpaid Sum from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (bclause 8.3(b) below, is one two per cent higher than the rate which would have been payable if the overdue amount Unpaid Sum had, during the period of non-payment, constituted a Loan in the currency of the overdue amount Unpaid Sum for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 1 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 11.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (aA) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate 40 which, subject to paragraph (bB) below, is one 2.0 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-non payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the relevant Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause shall be immediately payable by the Obligor on demand by the that Facility Agent.
Appears in 1 contract
Default Interest. (aD) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (bB) below, is one 1.0 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause shall be immediately payable by the Obligor on demand by the that Facility Agent.
Appears in 1 contract
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the relevant Agent (acting reasonably). Any interest accruing under this Clause 9.3 14.3 shall be immediately payable by the Obligor on demand by the AgentAgents.
Appears in 1 contract
Samples: Facilities Agreement (International Textile Group Inc)
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the such Obligor on demand by the Facility Agent.
Appears in 1 contract
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount (other than interest) payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) 8.3.2 below, is one per cent per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 8.3.1 If an Obligor the Borrower fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, sub- clause 8.3.2 below is one 2 per cent cent.. per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor Borrower on demand by the Agent.
Appears in 1 contract
Samples: Assignment Agreement
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one two percent (2.0%) per cent annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent Lender (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 shall be immediately payable by the Obligor on demand by the AgentLender.
Appears in 1 contract
Samples: Agreement (Klondex Mines LTD)
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a an ITO Finance Document on its due date, interest shall accrue on the overdue amount Unpaid Sum from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.3.2 below, is one 1.5 per cent cent. higher than the rate which would have been payable if the overdue amount Unpaid Sum had, during the period of non-payment, constituted a Loan in the currency of the overdue amount Unpaid Sum for successive Interest Periods, each of a duration selected by the ITO Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 (Default interest) shall be immediately payable by the Obligor on demand by the ITO Facility Agent.
Appears in 1 contract
Samples: Agreement (Titan International Inc)
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 8.3.2 below, is one 1% per cent annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the that Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Gold Fields LTD
Default Interest. (a) 9.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) sub-clause 9.3.2 below, is one two per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan an Advance in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: And Restatement Agreement (Central European Distribution Corp)
Default Interest. (a) 11.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) Clause 11.3.2 below, is one 2.0 per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 11.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 12.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, clause 12.3.2 below is one 1 per cent higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent Bank (acting reasonably). Any interest accruing under this Clause 9.3 clause 12.3 shall be immediately payable by the Obligor on demand by the AgentBank.
Appears in 1 contract
Samples: Facilities Agreement (Ebookers PLC)
Default Interest. (a) 10.3.8 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 10.3.2, is one 2 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 10.3 (Default interest) shall be immediately payable by the Obligor on demand by the Facility Agent.
Appears in 1 contract
Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp)
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) belowClause 8.3.2, is one 5 per cent per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent Lender (acting reasonably). Any interest accruing under this Clause 9.3 8.3 shall be immediately payable by the Obligor on demand by the AgentLender.
Appears in 1 contract
Samples: Evolving Systems Inc
Default Interest. (a) If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) below, is one 2 per cent cent. higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 13.3 shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Default Interest. (a) 11.11 If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 11.12 below, is one 1 per cent cent. per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted a Loan in the currency of the overdue amount for successive Interest Periods, each of a duration selected by the Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 11.11 and clauses 11.12 and 11.13 below shall be immediately payable by the Obligor on demand by the Agent.
Appears in 1 contract
Samples: And Restatement Agreement
Default Interest. (a) 8.3.1 If an Obligor fails to pay any amount payable by it under a an ITM Finance Document on its due date, interest shall accrue on the overdue amount Unpaid Sum from the due date up to the date of actual payment (both before and after judgment) at a rate which, subject to paragraph (b) clause 8.3.2 below, is one 1.5 per cent cent. higher than the rate which would have been payable if the overdue amount Unpaid Sum had, during the period of non-payment, constituted a Loan in the currency of the overdue amount Unpaid Sum for successive Interest Periods, each of a duration selected by the ITM Facility Agent (acting reasonably). Any interest accruing under this Clause 9.3 clause 8.3 (Default interest) shall be immediately payable by the Obligor on demand by the ITM Facility Agent.
Appears in 1 contract
Samples: Agreement (Titan International Inc)