Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank.
Appears in 8 contracts
Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Third Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Ninth Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Default Interest. If the Borrowers fail Bank fails to pay receive any sum (including, without limitation, any sum payable pursuant to this clause 3.4) whatsoever on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to Bank under this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Bank each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two and a half (2.5) per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, shall be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Agent Bank under clause 10.2.2 10.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 4.4, 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration length equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two and a half (2.5) per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two and a half (2.5) per cent (2%) per annum above the aggregate of the Margin and the cost of funds to the Bank compounded at such Bankintervals as the Bank selects.
Appears in 7 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Navios Maritime Acquisition CORP)
Default Interest. If (i) Upon the Borrowers fail occurrence and during the continuance of an Event of Default under Section 6.01(a) with respect to the Company or any Designated Subsidiary, the Agent shall, and upon the occurrence and during the continuance of any other Event of Default with respect to the Company or any Designated Subsidiary, the Agent may, and upon the request of the Required Lenders shall, require such Borrower to pay interest (“Default Interest”) and (ii) upon the occurrence and during the continuance of an Event of Default under Section 6.01(a) with respect to the Co-Borrower, the Agent shall, and upon the occurrence and during the continuance of any sum (includingother Event of Default with respect to the Co-Borrower, without limitationthe Agent may, any sum payable pursuant to this clause 3.4) on its due date for payment under any and upon the request of the Security Documents Required Lenders shall, require the Co-Borrower to pay Default Interest on (other than A) the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand from the due date up unpaid principal amount of each Advance made to the date of actual payment Company or any Designated Subsidiary or made to the Co-Borrower, as applicable, owing to each Lender, payable in arrears on the dates referred to in clause (as well after as before judgmenta)(i) or (a)(ii) above, at a rate determined by the Agent pursuant per annum equal at all times to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) % per annum above the aggregate rate per annum required to be paid on such Advance pursuant to clause (a)(i) or (a)(ii) above and (B) to the fullest extent permitted by law, the amount of any interest, fee or other amount payable hereunder by the Company or any Designated Subsidiary or by the Co-Borrower, as applicable, that is not paid when due, from the date such amount shall be due until such amount shall be paid in full, payable in arrears on the date such amount shall be paid in full and on demand, at a rate per annum equal at all times to 2% per annum above the rate per annum required to be paid on Base Rate Advances pursuant to clause (a)(i) above, provided, however, that following acceleration of the Margin Advances made to the Company or any Designated Subsidiary or made to the Co-Borrower, as applicable, pursuant to Section 6.01, Default Interest shall accrue and be payable hereunder whether or not previously required by the cost of funds to such BankAgent.
Appears in 5 contracts
Samples: 364 Day Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two one per cent (21%) per annum, (b) the Margin Margin, (c) the Additional Cost and (cd) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that that, if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two one per cent (21%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two one per cent (21%) per annum above the aggregate of the Margin and the cost of funds (including Additional Cost) to such the Bank.
Appears in 4 contracts
Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Eighth Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 4 contracts
Samples: Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Acquisition CORP)
Default Interest. If the Borrowers fail Bank fails to pay receive any sum (including, without limitation, any sum payable pursuant to this clause 3.4) whatsoever on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to Bank under this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Bank each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two and a half (2.5) per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, shall be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Agent Bank under clause 10.2.2 10.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 4.4, 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration length equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two and a half (2.5) per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two and a half (2.5) per cent (2%) per annum above the aggregate of the Margin and the cost of funds to the Bank compounded at such Bankintervals as the Bank selects.
Appears in 3 contracts
Samples: Facility Agreement (Navios Maritime Holdings Inc.), Facility Agreement (Navios Maritime Holdings Inc.), Facility Agreement (Navios Maritime Holdings Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) the applicable one of Cost of Funds and LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.13.5.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 3 contracts
Samples: Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Acquisition CORP)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Lender pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiods and (d) any Mandatory Cost for such periods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent Lender and on the day on which all amounts in respect of which interest is being paid under this clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.13.5.1, the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two (2.0) per cent (2%) per annum above the aggregate of the Margin and the cost of funds to the Lender compounded at such Bankintervals as the Lender selects.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Navios Maritime Midstream Partners LP), Facility Agreement (Navios Maritime Midstream Partners LP)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the day after the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankLender.
Appears in 2 contracts
Samples: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin Margin, (c) the Additional Cost and (cd) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 4.5, 8.2 or 12.1, 12.1 provided that if such unpaid sum is an amount of principal which became due and payable on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost costs of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin Margin, the Additional Cost and the cost of funds to such Bank.
Appears in 2 contracts
Samples: Facilities Agreement (Aries Maritime Transport LTD), Facilities Agreement (Omega Navigation Enterprises, Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank.
Appears in 2 contracts
Samples: Second Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause Clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a the rate determined by the Agent Bank pursuant to this clause Clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (ai) two and a half per cent (22.5%) ), per annum, (bii) the Margin and (ciii) LIBOR for such periodthe LIBOR. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date. In case that a payment is made in default for any amount, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration the Interest Periods will be determined by the Agent under clause 10.2.2 or a prepayment Bank at its discretion including the amounts for which there is no default, even if the Bank has not (yet) exercised its rights pursuant to clauses 4.3, 8.2.1(aClause 9.9(b) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payablethis Agreement. If, If for the reasons specified in clause 3.6.1Clause 3.6, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause Clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two and a half per cent (22.5%) per annum above the aggregate of the Margin and the cost costs of funds to the Bank as conclusively determined by the Bank save for manifest error. Interest payable by the Borrower as aforesaid shall be compounded semi-annually (or if the period fixed by the Bank is longer, at the end of such Banklonger period) and shall be payable on demand.
Appears in 2 contracts
Samples: Loan Agreement (Top Ships Inc.), Loan Agreement (NewLead Holdings Ltd.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4Clause 7.5) in relation to the Standby Facility on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)this Agreement, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Standby Lender pursuant to this clause 3.4. The Clause 7.5 as follows:-
(A) In the case of amounts borrowed on a call basis the rate of interest shall be the Standby Lender's current standard default rate and such interest shall be payable on demand.
(B) In the case of amounts borrowed for a fixed term the period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Standby Lender each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentStandby Lender) of (ai) two per cent (2%) per annum, and (bii) the Margin and (c) LIBOR Standby Rate for such period. Such Default interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment Standby Lender pursuant to clauses 4.3this Clause 7.5 or, 8.2.1(a) or 12.1if earlier, on a the date other than an Interest Payment Date relating thereto, on which the first sum in respect of which such period selected by the Agent default interest is accruing shall actually be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payablepaid. If, for the reasons specified in clause 3.6.1Clause 8.5(A), the Agent Standby Lender is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4Clause 7.5, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Standby Lender to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bankthe Standby Lender.
Appears in 2 contracts
Samples: Loan Agreement (Stena Ab), Loan Agreement (Stena Ab)
Default Interest. (a) If the Borrowers fail an Obligor fails to pay any sum (including, without limitation, any sum amount payable pursuant to this clause 3.4) by it under a Finance Document on its due date for payment under any of date, interest shall accrue on the Security Documents (other than the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand overdue amount from the due date up to the date of actual payment (as well both before and after as before judgment) at a rate determined by which, subject to paragraph (b) and (c) below, is the Agent pursuant to this clause 3.4. The sum of 2 per cent per annum and the rate which would have been payable if the overdue amount had, during the period beginning on such due date and ending on such date of payment shall be divided into non-payment, constituted a Loan in the currency of the overdue amount for successive periods Interest Periods, each of not more than three (3) months as a duration selected by the Agent each (acting reasonably). Any interest accruing under this Clause 11.3 shall be immediately payable by the Obligor on demand by the Agent.
(b) If any overdue amount consists of all or part of a Loan which (other than the first, became due on a day which shall commence on such due date) shall commence on was not the last day of the preceding such period. The rate of interest applicable an Interest Period relating to each such period shall be the aggregate that Loan:
(as determined by the Agent) of (a) two per cent (2%) per annum, (bi) the Margin and (c) LIBOR first Interest Period for such period. Such interest that overdue amount shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of have a duration equal to the period between unexpired portion of the current Interest Period relating to that Loan; and
(ii) the rate of interest applying to the overdue amount during that first Interest Period shall be the sum of 2 per cent per annum and the rate which would have applied if the overdue amount had not become due.
(c) If any overdue amount relates in any way to a Letter of Credit, interest shall accrue on the overdue amount from the due date up to the date of such principal sum actual payment (both before and such Interest Payment Date and interest shall be payable on such principal sum during such period after judgment) at a rate which, in respect of two per cent each Lender, is the sum of:
(2%i) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at of each Lender's participation if the overdue amount had, during the period of non-payment, constituted a rate determined by loan denominated in the Agent to be two currency of the relevant Letter of Credit; plus
(ii) 3 per cent per annum; plus
(2%iii) 2 per annum above cent per annum.
(d) Default interest (if unpaid) arising on an overdue amount will be compounded with the aggregate overdue amount at the end of the Margin each Interest Period applicable to that overdue amount but will remain immediately due and the cost of funds to such Bankpayable.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause Clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Finance Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a the rate determined by the Agent Lender pursuant to this clause Clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (ai) two per cent (2%) per annum, (bii) the Margin and (ciii) LIBOR for such periodthe Reference Rate. Such interest shall be due and payable on the last day of each such period as determined by the Agent Lender and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 Clause 9.2 (Consequences of Default – Acceleration) or a prepayment pursuant to clauses 4.3Clauses 4.2 (Voluntary Prepayment), 8.2.1(a4.3 (Compulsory Prepayment in case of Total Loss or sale of a Vessel), 8.5(a)(i), 12.1 (Unlawfulness) or 12.1, and 12.2 (Increased cost) on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payablefell due. If, If for the reasons specified in clause 3.6.1Clause 3.6 (Market disruption), the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause Clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two per cent (2%) per annum above what is or, as the aggregate of the Margin and the cost of funds to such Bankcase may be, would be payable under Clause 3.7(a).”;
Appears in 2 contracts
Samples: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Castor Maritime Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 4.3 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankAgent.
Appears in 2 contracts
Samples: Loan Agreement (Quintana Shipping Ltd.), Loan Agreement (Quintana Shipping Ltd.)
Default Interest. If the Borrowers or any of them fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than except the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost (if any). Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2.1 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be ) two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Costs, if any).
Appears in 2 contracts
Samples: Loan Agreement (Poseidon Containers Holdings Corp.), Loan Agreement (Diana Containerships Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank compounded at such intervals as such Bank selects.
Appears in 2 contracts
Samples: Loan Agreement (StealthGas Inc.), Loan Agreement (StealthGas Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 2 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement for a Term Loan Facility (Navios Maritime Acquisition CORP)
Default Interest. (a) If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum amount payable pursuant to this clause 3.4) by it under a Finance Document other than a Master Agreement on its due date for payment under any of date, interest shall accrue on the Security Documents (other than the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand Unpaid Sum from the due date up to the date of actual payment (as well both before and after as before judgment) at a rate determined by which, subject to paragraph (b) below, is 2 per cent. per annum higher than the Agent pursuant to this clause 3.4. The rate which would have been payable if the Unpaid Sum had, during the period beginning on such due date and ending on such date of payment shall be divided into non-payment, constituted part of the Loan in the currency of the Unpaid Sum for successive periods Interest Periods, each of not more than three (3) months as a duration selected by the Agent each (acting reasonably). Any interest accruing under this Clause 8.3 (Default interest) shall be immediately payable by the Borrower on demand by the Agent.
(b) Without prejudice to the rights of which the Finance Parties under Clause 22.2 (Acceleration), if the Agent (acting on the instructions of the Majority Lenders) gives written notice to the Borrower of the occurrence of an Event of Default (other than the first, which shall commence on such due datean Event of Default referred to in Clause 22.1(a) shall commence on the last day of the preceding such period. The rate (Non-payment)) and demands payment of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, under this paragraph (b) of Clause 8.3 (Default interest), interest shall accrue on the Margin and amount of the Loan from the date of such notice up to the date on which the Agent (acting on the instructions of the Majority Lenders) gives notice to the Borrower that such Event of Default is no longer continuing. Interest shall accrue at a rate which is 2 per cent per annum higher than the applicable rate for each part of the Loan.
(c) LIBOR for such period. Such Default interest shall (if unpaid) arising on an Unpaid Sum or, in the case of paragraph (b), the Loan will be due and payable on compounded with the last day Unpaid Sum or, as the case may be, the Loan at the end of each such period Interest Period applicable to that Unpaid Sum or, as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating theretocase may be, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto Loan but will remain immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank.
Appears in 2 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)
Default Interest. 4.5.1 If the Borrowers fail Borrower fails to pay any sum amount (including, without limitation, any sum other than interest) payable pursuant to this clause 3.4) by it hereunder on its due date for payment under any of date, interest will accrue on the Security Documents (other than the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand overdue amount from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by which is 1 per cent higher than:
(a) in relation to an amount becoming due and payable before expiration of the Interest Period applicable thereto, for the period until the expiration of such Interest Period the rate applicable to such overdue amount immediately prior to the due date; and
(b) in all other cases, the Interest Rate on the most recent Quotation Date for such periods as the Agent pursuant to this clause 3.4. The period beginning on may designate, provided, however, that such due date and ending on such date of payment shall be divided into successive periods of Interest Period will not more than exceed three (3) months as months.
4.5.2 If the Borrower fails to pay any interest payable by it hereunder on its due date, it will pay, at the time of payment of all arrears of interest, lump sum damages (pauschalierter Schadensersatz) on the overdue amount from the due date up to the date of actual payment at a percentage rate which is 1 per cent. higher than the interest rate which would have been payable if the overdue amount had, during the period of non-payment, constituted an Advance for successive Interest Periods, each of a duration selected by the Agent each (acting reasonably).
4.5.3 In the case of which (other than lump sum damages, the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period Borrower shall be free to prove that no damages have arisen or that damages have not arisen in the aggregate (as determined asserted amount and any Finance Party shall be entitled to prove that further damages have arisen. Any interest or lump sum accruing under this Clause 4.5 shall be immediately payable by the Borrower on demand by the Agent) .
4.5.4 The right of (a) two per cent (2%) per annum, (b) the Margin Lenders to compensation for any loss arising from the default remains unaffected. Payments made under Clause 4.5.2 will however be deducted from such compensation.
4.5.5 The Agent will promptly notify the Borrower and (c) LIBOR for such periodthe Lenders of the determination of any default interest. Such interest shall be due and payable on the last day of each such period as determined Each determination by the Agent and each such day shallwill, for in the purposes absence of this Agreementa manifest error, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due conclusive and payable by reason of a declaration by binding on the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin Borrower and the cost of funds to such BankLenders.
Appears in 2 contracts
Samples: Project Financing Agreement (Mercer International Inc.), Project Financing Agreement (Mercer International Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two one per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR the Additional Cost and (d) the Funding Cost for such periodperiod and applicable to such sum. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Agent Bank under clause 10.2.2 11.2.2 or a prepayment pursuant to clauses 4.35.3, 8.2.1(a9.2.1(a) or 12.113.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two one per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two one per cent (2%) per annum above the aggregate of the Margin and the cost of funds (including Additional Cost) to such the Bank.
Appears in 2 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two one per cent (21%) per annum, (b) the Margin Margin, (c) the Additional Cost and (cd) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that that, if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first s t such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two one per cent (21%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two one per cent (21%) per annum above the aggregate of the Margin and the cost of funds (including Additional Cost) to such the Bank.
Appears in 2 contracts
Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 2 contracts
Samples: Facility Agreement (EuroDry Ltd.), Facility Agreement (Euroseas Ltd.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on within two (2) Banking Days of its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank.
Appears in 2 contracts
Samples: Loan Agreement (Seanergy Maritime Holdings Corp.), Second Supplemental Agreement (Seanergy Maritime Holdings Corp.)
Default Interest. If Except as provided in Clause 7.5 in relation to sums due in respect of the Standby Facility, if the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4Clause 8.2) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4Clause 8.2. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent (after consultation with the Banks) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (ai) two point five per cent (22.5%) per annum, (b) the Margin annum and (cii) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Agent under clause 10.2.2 Clause 19.2 or a prepayment pursuant to clauses 4.3Clauses 9.3, 8.2.1(a) 9.6, 9.7, 9.9 or 12.1, 21.1 on a date other than an Interest Payment a Maturity Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Maturity Date and interest shall be payable on such principal sum during such period at a rate of two point five per cent (22.5%) above the rate of LIBOR applicable thereto immediately before it shall have become so due and payable. Default interest shall be due and payable on the last day of each such period as determined by the Agent pursuant to this Clause 8.2 or, if earlier, on the date on which the sum in respect of which such default interest is accruing shall actually be paid. If, for the reasons specified in clause 3.6.1Clause 8.5(A), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4Clause 8.2, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be two point five per cent (22.5%) per annum above the aggregate of the Margin and the cost of funds to such Bank. Each Bank shall (without prejudice to the obligation of the Borrowers to pay such interest) provide reasonable detail as to the basis on which it has determined such cost of funds.
Appears in 2 contracts
Samples: Loan Agreement (Stena Ab), Loan Agreement (Stena Ab)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank, each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 4.3 or 12.1, on a date other than an Interest interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds funds, to such the Bank.
Appears in 2 contracts
Samples: Supplemental Agreement, Supplemental Agreement (Gala Properties Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Payment Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Payment Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Payment Agent) of (a) two per cent (2%) per annum, (b) the Applicable Margin (which shall be for the purposes of this Clause, 1.25% per annum) and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Payment Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Payment Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Payment Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Payment Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Payment Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Payment Agent to be two per cent (2%) per annum above the aggregate of the Applicable Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Payment Agent selects.
Appears in 2 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankAgent.
Appears in 2 contracts
Samples: Supplemental Agreement (Quintana Shipping Ltd.), Loan Agreement (Quintana Shipping Ltd.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.43.2. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Agent, each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (but not in respect of sums due under the Guarantee Facility), (c) LIBOR for such periodperiod or, for any amounts denominated in euros, EURIBOR for such period and (d) the Mandatory Cost (if any) in respect of the Loan and the RC Facility. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.43.2, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin (but not in respect of sums due under the Guarantee Facility) and the cost of funds to such Bank.
Appears in 2 contracts
Samples: Facility Agreement (Aegean Marine Petroleum Network Inc.), Facility Agreement (Aegean Marine Petroleum Network Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) the applicable one of Cost of Funds and LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 2 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Acquisition CORP)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than except the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost (if any). Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that (i) if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.32.10, 4.4, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payablepayable and (ii) if the Agent selects under this clause 3.4 Interest Periods which are shorter than 3 months, interest under this clause shall (notwithstanding such selection) only be compounded and paid not more frequently than at 3 monthly intervals. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Cost, if any).
Appears in 2 contracts
Samples: Facility Agreement (Costamare Partners LP), Facility Agreement (Costamare Partners LP)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause Clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a the rate determined by the Agent Lender pursuant to this clause Clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (ai) two per cent (2%) ), per annum, (bii) the Margin and (ciii) LIBOR for such periodLIBOR. Such interest shall be due and payable on the last day of each such period as determined by the Agent Lender and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 Clause 9.2 or a prepayment pursuant to clauses Clauses 4.2, 4.3, 8.2.1(a8.5(a) or 12.1, 12.1 and 12.2 on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payablefell due. If, If for the reasons specified in clause 3.6.1Clause 3.6, the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause Clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two per cent (2%) per annum above the aggregate of (i) the Margin and (ii) the cost Alternative Rate. Interest payable by the Borrower as aforesaid shall be compounded quarterly (or if the period fixed by the Lender is longer, at the end of funds to such Banklonger period) and shall be payable on demand.
Appears in 2 contracts
Samples: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Lender pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent Lender and on the day on which all amounts in respect of which interest is being paid under this clause 3.4 are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to the Lender compounded at such Bankintervals as the Lender selects.
Appears in 2 contracts
Samples: Facility Agreement for a Term Loan (StealthGas Inc.), Facility Agreement for a Term Loan (StealthGas Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the relevant Margin (c) the Additional Cost and (cd) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became become due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 4.4, 4.5, 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the relevant Margin and the cost of funds (including Additional Cost) to such the Bank.
Appears in 2 contracts
Samples: Supplemental Agreement (Top Ships Inc.), Facilities Agreement (Top Tankers Inc.)
Default Interest. (a) If the Borrowers fail Company fails to pay any sum amount payable by it under this Agreement, the overdue amount shall bear interest at the relevant Default Interest Rate, calculated in accordance with this Section.
(including, without limitation, any sum payable pursuant to this clause 3.4b) on its due date for payment under any Default interest in respect of the Security Documents Loan shall (other than the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand 1) accrue from day to day from the due date up to the date of actual payment (payment, after as well after as before judgment, (2) at be prorated on the basis of a rate determined by 360-day year for the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date actual number of payment shall be divided into successive periods of not more than three days in the relevant Default Interest Period, (3) months be compounded at the end of each Default Interest Period, and (4) be payable upon demand.
(c) Except as selected by provided in Section 3.10(d), the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period Default Interest Rate for any overdue amount shall be the aggregate (as determined by the Agent) sum of (a1) two per cent (2%) 2 % per annum, (b2) in the case of the Guaranteed Portion of such overdue amount, the Margin for the Guaranteed Portion of the Loan and, in the case of the Unguaranteed Portion of such overdue amount, the Margin for the Unguaranteed Portion of the Loan, and (3) the Margin and (c) LIBOR rate of interest offered in the London interbank market for a deposit in Dollars of an amount comparable to the overdue amount for a period equal to the Default Interest Period for such overdue amount; provided, however, that, if the Bank determines that deposits in Dollars are not being offered in the London interbank market in such amounts or for such period. Such interest , the Default Interest Rate shall be due and payable on the last day of each such period as determined by reference to the Agent and each such day shall, for cost of funds to the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum Bank from whatever sources it selects.
(d) If the overdue amount is an amount of principal which became of the Loan and has become due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating theretoDate, the first Default Interest Period with respect to such period selected by overdue amount shall end on the Agent shall be of a duration equal to the period between the due date of such principal sum and such next Interest Payment Date and interest shall be payable on such principal sum the Default Interest Rate during such period at a rate shall be the sum of two per cent (1) 2% annum, and (2%) above the rate Interest Rate applicable thereto to that amount immediately before it shall have become so due and payable. If, for became due.
(e) Each determination by the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank Default Interest Period and interest on any sum not paid on its due date for payment the Default Interest Rate shall be calculated at a rate determined by final and conclusive and shall be binding upon the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankCompany absent manifest error.
Appears in 2 contracts
Samples: Loan Agreement (Amax Gold Inc), Loan Agreement (Amax Gold Inc)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such the relevant unpaid sum is (i) an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or (ii) a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, 12.1 on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 2 contracts
Samples: Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Holdings Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Payment Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Payment Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Payment Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Payment Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Payment Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Payment Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on Table of Contents such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Payment Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Payment Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Payment Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Payment Agent selects.
Appears in 1 contract
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause Clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a the rate determined by the Agent Bank pursuant to this clause Clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as a duration to be selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (ai) two and a half per cent (22.50%) ), per annum, (bii) the Margin and (ciii) LIBOR for such periodLIBOR. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided provided, that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 Clause 9.2 or a prepayment pursuant to clauses Clauses 4.2, 4.3, 8.2.1(a8.10(a) or 12.1, and 12.1 on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two and a half per cent (22.50%) above the rate applicable thereto immediately before it shall have become so due and payablefell due. If, If for the reasons specified in clause 3.6.1Clause 3.6, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause Clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two and a half per cent (22.50%) per annum above the aggregate of the relevant Margin and the cost costs of funds to such Bankthe Bank as conclusively determined by the Bank save for manifest error. Interest payable by the Borrowers as aforesaid shall be compounded semi-annually and shall be payable on demand.
Appears in 1 contract
Samples: Loan Agreement (Costamare Inc.)
Default Interest. (a) If the Borrowers fail a Borrower fails to pay any sum amount payable by it under this Agreement when due (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreementsan “Overdue Amount”), it shall forthwith on demand by the Borrowers shall Agent pay interest on such sum on demand the Overdue Amount from the due date up to the date of actual payment (as well payment, both before and after as before judgment) , at a rate determined by (the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3“Default Rate”) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two one per cent (2%) cent. per annum (the “Default Margin”) above the aggregate higher of:
(i) the rate on the Overdue Amount under Clause 8.1 (Interest rate for all Advances) immediately before the due date (in the case of principal); and
(ii) the rate which would have been payable under Clause 8.1 (Interest rate for all Advances) if the Overdue Amount had, during the period of non-payment, constituted a Revolving Credit Advance in the currency of the Overdue Amount for such successive Terms of such duration as the Agent may determine (each a “Designated Term”), except that during any grace period specified in Clause 18.2 (Non-payment) the Default Margin and portion of the Default Rate will only apply to overdue payments of principal.
(b) The Default Rate will be determined on each Business Day or the first day of, or two Business Days before the first day of, the relevant Designated Term, as appropriate.
(c) If the Agent determines that deposits in the currency of the Overdue Amount are not at the relevant time being made available by the Reference Banks to leading banks in the relevant interbank market, the Default Rate will be determined by reference to the cost of funds to such Bankthe Agent from whatever sources it selects, acting reasonably at all times, after consultation with the Reference Banks.
(d) Default interest will be compounded at the end of each Designated Term.
(e) The Agent shall notify Vodafone of the duration of each Designated Term.
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Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.2, 4.3, 8.2.1(a) 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such the Bank.
Appears in 1 contract
Default Interest. (a) If the Borrowers fail an Obligor fails to pay when due any sum amount payable by it under this Agreement:
(including, without limitation, any sum payable pursuant i) it shall forthwith on demand by the Facility Agent from time to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements), the Borrowers shall time pay interest on such sum on demand the overdue amount from the due date up to the date of actual payment (payment, as well after as before judgment) judgement, at a rate determined by the Facility Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three the higher of:
(3A) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an overdue amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between Clause 10.1 immediately before the due date (if of principal) or the rate of interest under Clause 10.1 on the principal amount in respect of which such overdue amount has accrued due (if of interest); and
(B) the rate of interest which would have been payable if the overdue amount had, during the period of non-payment, constituted a Tranche D Advance, in each case for successive Interest Periods of such principal sum duration as the Facility Agent may determine having regard to its estimate of the likely duration of the default (each a "Designated Period"); and
(ii) the applicable Margin relating to any outstanding Utilisations and to such Interest Payment Date and interest overdue amount shall be payable on such principal sum during such period at a rate of two increased by one per cent cent. (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (21.0%) per annum above the aggregate rate which would otherwise apply under Clause 10.1 (the interest rate applicable to such overdue amount being the "Default Rate") until all such overdue amounts have been repaid in full.
(b) The Default Rate will be determined on each Business Day or on the date two Business Days prior to the commencement of or on the first day of the Margin relevant Designated Period, as the Facility Agent shall determine, and interest will be compounded at the cost end of funds each Designated Period if not paid.
(c) If the Facility Agent determines that Clause 14 would apply if the overdue amount were an Advance during the Designated Period, the rate to such Bankbe used pursuant to sub-paragraph (a)(i)(B) above will be determined in accordance with Clause 14.
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Default Interest. (a) If the Borrowers fail a Borrower fails to pay any sum amount payable by it under this Agreement when due (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreementsan “Overdue Amount”), it shall forthwith on demand by the Borrowers shall Agent or, as the case may be, the U.S. Swingline Agent, pay interest on such sum on demand the Overdue Amount from the due date up to the date of actual payment (as well payment, both before and after as before judgment) , at a rate (the “Default Rate”) determined by the Agent pursuant or, as the case may be, the U.S. Swingline Agent to this clause 3.4be one per cent. The period beginning per annum (the “Default Margin”) above the higher of:
(i) the rate on such the Overdue Amount under Clause 8.1 (Interest rate for all Advances) immediately before the due date and ending on (in the case of principal); and
(ii) the rate which would have been payable under Clause 8.1 (Interest rate for all Advances) if the Overdue Amount had, during the period of non-payment, constituted a Revolving Credit Advance in the currency of the Overdue Amount for such date successive Terms of payment shall be divided into successive periods of not more than three (3) months such duration as selected by the Agent may determine (each of which a “Designated Term”), except that during any grace period specified in Clause 18.2 (other than Non-payment) the first, which shall commence on such due date) shall commence on the last day Default Margin portion of the preceding such period. The rate Default Rate will only apply to overdue payments of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, principal.
(b) The Default Rate will be determined on each Business Day or the Margin and first day of, or two Business Days before the first day of, the relevant Designated Term, as appropriate.
(c) LIBOR for such period. Such interest shall If the Agent or, as the case may be, the U.S. Swingline Agent, determines that deposits in the currency of the Overdue Amount are not at the relevant time being made available by the Reference Banks to leading banks in the relevant interbank market, the Default Rate will be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant reference to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to or, as the case may be, the U.S. Swingline Agent, from whatever sources it selects, acting reasonably at all times, after consultation with the Reference Banks.
(d) Default interest will be two per cent compounded at the end of each Designated Term.
(2%e) per annum above the aggregate The Agent shall notify Vodafone of the Margin and the cost duration of funds to such Bankeach Designated Term.
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Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.45.8) on its due date for payment under any of this Agreement the Security Documents (other than the Master Swap Agreements), the Borrowers shall Borrower agrees to pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.45.8. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent (after consultation with the Banks) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two one per cent (2%) cent. per annum, (b) the Margin and Margin, (c) LIBOR for such period. Such interest shall be due the Additional Cost and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date(d) LIBOR, provided that if such unpaid sum is all or part of an amount of principal Advance which became shall have become due and payable by reason prior to the last day of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an then current Interest Payment Date Period relating thereto, the first such period selected by the Agent shall be of a duration equal to end on the period between the due date last day of such principal sum and such Interest Payment Date Period and interest shall be payable on such principal unpaid sum during such period at a rate of two one per cent (2%) cent. above the rate applicable thereto immediately before it became due. Default interest under this clause 5.8 shall have become so be due and payablepayable on the last day of each period determined by the Agent pursuant to this clause 5.8 or, if earlier, on the date on which the sum in respect of which such default interest is accruing shall actually be paid. If, for the reasons specified in clause 3.6.15.10(a)(i) or (ii), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, 5.8 each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be two one per cent (2%) cent. per annum above the aggregate of the Margin and the cost of funds (including Additional Cost) to such Bank.
Appears in 1 contract
Default Interest. 3.4.1 If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.43.4 (Default interest)) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Lender pursuant to this clause 3.4. 3.4 (Default interest).
3.4.2 The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. .
3.4.3 The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (a) two per cent (2%) per annum, (b) the Applicable Margin and (c) LIBOR the Reference Rate and (d) in respect of the Loan less an amount equivalent to the Pledged Deposit Amount, the applicable Credit Adjustment Spread for such period. periods.
3.4.4 Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent Lender and on the day on which all amounts in respect of which interest is being paid under this clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 22.2 or a prepayment pursuant to clauses 4.37.5 (Mandatory Prepayment on sale or Total Loss), 8.2.1(a7.6 (Mandatory prepayment on change of ownership of Guarantor), 17.14.1 (Additional security) or 12.17.1 (Illegality), on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. .
3.4.5 If, for the reasons specified in clause 3.6.13.5.2, the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause 3.43.4 (Default interest), each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two per cent (2%) per annum above the aggregate of the Applicable Margin and the cost of funds to the Lender compounded at such Bankintervals as the Lender selects.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin Margin, (c) the Additional Cost and (cd) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.2, 4.3, 8.2.1(a) 8.2 or 12.1, 12.1 provided that if such unpaid sum is an amount of principal which became due and payable on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost costs of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of (a) the Margin Margin, (b) the Additional Cost and (c) the cost of funds to such Bank.
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Default Interest. If the Borrowers fail to pay any sum whatsoever (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three one (31) months month as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR the Reference Rate for such periodperiod and (d) the applicable Credit Adjustment Spread. Such interest shall be due and payable on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this clause are paid, and each such day shall, for the purposes of this Agreement, shall be treated as an Interest Payment Date, provided that if such unpaid sum is (i) an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or (ii) a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, 12.1 on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration length equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.13.5.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 1 contract
Samples: Facility Agreement for a Term Loan Facility (Navios Maritime Partners L.P.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Lender pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent Lender and on the day on which all amounts in respect of which interest is being paid under this clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.13.5.1, the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to the Lender compounded at such Bankintervals as the Lender selects.
Appears in 1 contract
Samples: Facility Agreement (Euroseas Ltd.)
Default Interest. 7.4.1 If the Borrowers fail a Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.47.4.2) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Finance Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Facility Agent pursuant to this clause 3.47.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Facility Agent, each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. .
7.4.2 The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Facility Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Facility Agent under clause 10.2.2 15.2.2 or a prepayment pursuant to clauses 4.38.3 (Mandatory Cancellation or Prepayment - total loss or disposal/sale), 8.2.1(a8.4 (Change of control), 12.2.1(a)(Security shortfall) or 12.117.1 (Unlawfulness), on a date other than an Interest Payment Date relating thereto, the first such period selected by the Facility Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. .
7.4.3 If, for the reasons specified in clause 3.6.17.7.1, the Facility Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.47.4, each Bank Lender shall promptly notify the Facility Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated for each Lender at a rate determined by the Facility Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankLender.
Appears in 1 contract
Samples: On Delivery Facility Agreement (Paragon Shipping Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Payment Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Payment Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Payment Agent) of (a) two per cent (2%) per annum, (b) the Applicable Margin (which shall be for the purposes of this Clause, 1.25% per annum) and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Payment Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Payment Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Payment Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Payment Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Payment Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Payment Agent to be two per cent (2%) per annum above the aggregate of the Applicable Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Payment Agent selects.
Appears in 1 contract
Default Interest. If the Borrowers or either of them fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) Mandatory Cost, if any. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank Bank, and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Cost, if any).
Appears in 1 contract
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for Borrower shall default in the payment under any of the Security Documents (principal of or interest on any Loan or any other than the Master Swap Agreements)amount becoming due hereunder, whether by scheduled maturity, notice of prepayment, acceleration or otherwise, the Borrowers Borrower shall pay interest on such sum on demand from time to time from the due date Paying Agent pay interest, to the extent permitted by law, on such defaulted amount up to (but not including) the date of actual payment (after as well after as before judgment) at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to the Alternate Base Rate plus 2%. ALTERNATE RATE OF INTEREST. In the event, and on each occasion, that on the day two Business Days prior to the commencement of any Interest Period for a Eurodollar Borrowing the Paying Agent shall have determined in good faith (i) that dollar deposits in the principal amounts of the Eurodollar Loans comprising such Borrowing are not generally available in the London interbank market or (ii) that reasonable means do not exist for ascertaining the LIBO Rate, the Paying Agent shall, as soon as practicable thereafter, give telex or telecopy notice of such determination to the Borrower and the Lenders. In the event of any such determination under clauses (i) or (ii) above, until the Paying Agent shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (x) any request by the Agent Borrower for a Eurodollar Competitive Borrowing pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Section 2.03 shall be of no force and effect and shall be denied by the Paying Agent and (y) any request by the Borrower for a duration equal Eurodollar Standby Borrowing pursuant to Section 2.04 shall be deemed to be a request for an ABR Borrowing. In the period between event a Lender notifies the due date Paying Agent that the rates at which dollar deposits are being offered will not adequately and fairly reflect the cost to such Lender of making or maintaining its Eurodollar Loan during such Interest Period, the Paying Agent shall notify the Borrower of such principal sum notice and until the Lender shall have advised the Paying Agent that the circumstances giving rise to such Interest Payment Date and interest notice no longer exist, any request by the Borrower for a Eurodollar Standby Borrowing shall be payable on such principal sum during such period at deemed a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, request for an ABR Borrowing for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance same Interest Period with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds respect to such Bank and interest on any sum not paid on its due date for payment Lender. Each determination by the Paying Agent hereunder shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin in good faith and the cost of funds to such Bankconclusive absent manifest error.
Appears in 1 contract
Samples: 364 Day Competitive Advance and Revolving Credit Facility Agreement (At&t Corp)
Default Interest. If the Borrowers or either of them fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than except the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost (if any). Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2.1 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank Bank, and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Cost, if any).
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than except the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost (if any). Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that (i) if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 2.12, 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payablepayable and (ii) if the Agent selects under this clause 3.4 Interest Periods which are shorter than 3 months, interest under this clause shall (notwithstanding such selection) only be compounded and paid not more frequently than at 3 monthly intervals. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Cost, if any).
Appears in 1 contract
Samples: Facility Agreement (Costamare Inc.)
Default Interest. (a) If the Borrowers fail Borrower fails to pay any sum amount payable by it under this Agreement (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreementsan “overdue amount”), the Borrowers it shall forthwith on demand by an Agent pay default interest on such sum on demand the overdue amount from the due date up to until the date of actual payment (payment, as well after as before judgment) , at a rate (the “default rate”) determined by that Agent to be 1 per cent. per annum above:
(i) if the Agent pursuant overdue amount relates to this clause 3.4. The a Swingline Advance, the Swingline Rate; or
(ii) in all other cases, the rate which would have been payable if the overdue amount had, during the period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which non payment, constituted an Advance (other than a Swingline Advance) in the first, currency of the overdue amount for such successive Interest Periods or Terms of such duration as that Agent may determine (each a “Default Term”).
(b) If any overdue amount consists of all or part of an Advance which shall commence became due on such due date) shall commence on a day which was not the last day of the preceding such period. The rate of interest applicable an Interest Period or Term relating to each such period shall be the aggregate that Advance:
(as determined by the Agent) of (a) two per cent (2%) per annum, (bi) the Margin and (c) LIBOR first Interest Period or Term for such period. Such interest that overdue amount shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of have a duration equal to the period between unexpired portion of the due date current Interest Period relating to that Advance (if any); and
(ii) the rate of such principal sum and such interest applying to the overdue amount during that first Interest Payment Date and interest Period or Term shall be payable on such principal sum during such period at a rate of two 1 per cent (2%) cent. above the rate applicable thereto immediately which would have applied if the overdue amount had not become due.
(c) The default rate will be determined:
(i) if calculated by reference to the Swingline Rate, on each day; or
(ii) on the first day of, or two Business Days before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1first day of, the relevant Default Term, as appropriate.
(d) If an Agent is unable determines that deposits in the currency of the overdue amount are not at the relevant time being made available by the Reference Banks to determine a leading banks in the London interbank market, the default rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of will be determined by reference to the cost of funds to that Agent from such Bank and sources as it reasonably may select.
(e) Default interest on any sum not paid on its due date for payment shall will be compounded monthly (if calculated by reference to the Swingline Rate) or at the end of each Default Term (if calculated by reference to the rate which would have been payable if the overdue amount had, during the period of non payment, constituted an Advance (other than a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankSwingline Advance)).
Appears in 1 contract
Samples: 364 Day Multi Currency Revolving Credit With Term Out Option (National Grid Transco PLC)
Default Interest. If the Borrowers or either of them fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than except the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost (if any). Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2.1 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of ) two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be ) two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Costs, if any).
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.43.5) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.43.5. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 4.5, 4.6, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.13.7.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.43.5, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 1 contract
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that that, if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such the Bank.
Appears in 1 contract
Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two one per cent (21%) per annum, (b) the Margin and (c) LIBOR the Additional Cost and (d) the Funding Cost for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Agent Bank under clause 10.2.2 11.2.2 or a prepayment pursuant to clauses 4.35.2, 8.2.1(a) 5.3, 9.2 or 12.113.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two one per cent (21%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two one per cent (21%) per annum above the aggregate of the Margin and the cost of funds (including Additional Cost) to such the Bank.
Appears in 1 contract
Samples: Loan Agreement (Safe Bulkers, Inc.)
Default Interest. 6.9.1 If the Borrowers fail relevant Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.46.9) on its due date for payment under any of the Security Documents (this Agreement other than the Master Swap Agreements), the Borrowers shall in respect of Facility C such Borrower agrees to pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.46.9. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent (after consultation with the relevant Lenders) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two one per cent (2%) cent. per annum, (b) the Margin and determined pursuant to clause 6.2, if the unpaid sum is other than in respect of Facility D, or clause 6.3, if the unpaid sum is in respect of Facility D, (c) LIBOR for such period. Such interest shall be due the Additional Cost and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date(d) LIBOR, provided that that:
(a) if such unpaid sum is all or part of an amount of principal Advance which became shall have become due and payable by reason prior to the last day of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an then current Interest Payment Date Period relating thereto, the first such period selected by the Agent shall be of a duration equal to end on the period between the due date last day of such principal sum and such Interest Payment Date Period and interest shall be payable on such principal unpaid sum during such period at a rate of two one per cent (2%) cent. above the rate applicable thereto immediately before it shall have become so due and payable. Ifbecame due; and
(b) if, for the reasons specified in clause 3.6.16.11.1
(a) or 6.11.1(b), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.46.9, each Bank relevant Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated for each relevant Lender at a rate determined by the Agent to be two one per cent (2%) cent. per annum above the aggregate of the Margin determined pursuant to clause 6.2, if the unpaid sum is other than in respect of Facility D, or clause 6.3 if the unpaid sum is in respect of Facility D and the cost of funds (including Additional Cost) to such BankLender.
6.9.2 Default interest under this clause 6.9 shall be due and payable on the last day of each period determined by the Agent pursuant to this clause 6.9 or, if earlier, on the date on which the sum in respect of which such default interest is accruing shall actually be paid.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin (which shall be for the purposes of this Clause, 1.25% per annum) and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 1 contract
Default Interest. If (i) Upon the Borrowers fail occurrence and during the continuance of an Event of Default under Section 6.01(a) with respect to the Company or any Designated Subsidiary, the Agent shall, and upon the occurrence and during the continuance of any other Event of Default with respect to the Company or any Designated Subsidiary, the Agent may, and upon the request of the Required Lenders shall, require such Borrower to pay interest ("Default Interest") and (ii) upon the occurrence and during the continuance of an Event of Default under Section 6.01(a) with respect to the Co-Borrower, the Agent shall, and upon the occurrence and during the continuance of any sum (includingother Event of Default with respect to the Co-Borrower, without limitationthe Agent may, any sum payable pursuant to this clause 3.4) on its due date for payment under any and upon the request of the Security Documents Required Lenders shall, require the Co-Borrower to pay Default Interest on (other than A) the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand from the due date up unpaid principal amount of each Advance made to the date of actual payment Company or any Designated Subsidiary or made to the Co-Borrower, as applicable, owing to each Lender, payable in arrears on the dates referred to in clause (as well after as before judgmenta)(i) or (a)(ii) above, at a rate determined by the Agent pursuant per annum equal at all times to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) % per annum above the aggregate rate per annum required to be paid on such Advance pursuant to clause (a)(i) or (a)(ii) above and (B) to the fullest extent permitted by law, the amount of any interest, fee or other amount payable hereunder by the Company or any Designated Subsidiary or by the Co-Borrower, as applicable, that is not paid when due, from the date such amount shall be due until such amount shall be paid in full, payable in arrears on the date such amount shall be paid in full and on demand, at a rate per annum equal at all times to 2% per annum above the rate per annum required to be paid on Base Rate Advances pursuant to clause (a)(i) above, provided, however, that following acceleration of the Margin Advances made to the Company or any Designated Subsidiary or made to the Co-Borrower, as applicable, pursuant to Section 6.01, Default Interest shall accrue and be payable hereunder whether or not previously required by the cost of funds to such BankAgent.
Appears in 1 contract
Samples: Credit Agreement (At&t Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that that, if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 10,2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such the Bank.
Appears in 1 contract
Samples: Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a8.3.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such the Bank.
Appears in 1 contract
Default Interest. 8.3.1 If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.48.3 (Default interest)) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Lender pursuant to this clause 3.4. 8.3 (Default interest).
8.3.2 The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. .
8.3.3 The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR the Reference Rate for such period. periods.
8.3.4 Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent Lender and on the day on which all amounts in respect of which interest is being paid under this clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 22.2 or a prepayment pursuant to clauses 4.37.5 (Mandatory Prepayment on sale or Total Loss), 8.2.1(a7.6 (Mandatory prepayment on change of ownership of Guarantor), 17.14.1 (Additional security) or 12.17.1 (Illegality), on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. .
8.3.5 If, for the reasons specified in clause 3.6.110.1.1, the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause 3.48.3 (Default interest), each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to the Lender compounded at such Bankintervals as the Lender selects.
5.1.11 with effect on and from the Rate Switch Date, by deleting Clauses 10 thereof and replacing it with the following:
Appears in 1 contract
Default Interest. 10.4.1 If the Borrowers fail to Borrower does not pay any sum payable under this Agreement (including, without limitation, any sum payable pursuant to under this clause 3.4Clause) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)when due, the Borrowers it shall pay interest interest, in the same currency as that in which that overdue sum is payable, on such the amount from time to time outstanding in respect of that overdue sum on demand from for the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such the 11th day after its due date and ending on such the date of its receipt by the Facility Agent or the relevant Lender (both before and after judgment and notwithstanding the termination of any banker and customer relationship) in accordance with this Clause. For the purpose of this Clause, if any payment is received by the Facility Agent on the due date, but after the term required and too late to be made available by the Facility Agent on that due date to the Lender(s) entitled to it, that payment shall be divided into deemed to be received on the next Ringgit Business Day or the Dollar Business Day, as the case may be.
10.4.2 Interest under this Clause shall be calculated by reference to successive periods of not more than three (3) months as selected by the Agent Interest Periods, each of which (other than the first, which shall commence begin on such the 11th day after its due date) shall commence begin on the last day of the preceding previous one. Each such period. The Interest Period shall be of one month or such other period as the Facility Agent may from time to time select and the rate of interest applicable to payable on each such period person's share of that overdue sum for all or any part of a particular Interest Period shall be the aggregate rate per annum (as determined quoted by that person to the Facility Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of Default Rate, the Margin and the cost (as certified by that person and expressed as a rate per annum) to that person (including the cost occasioned by or attributable to complying with reserves, liquidity, deposit or other requirements imposed on that person by such relevant authority or authorities) of funds funding its share of that overdue sum, in the currency in which it is payable, for that Interest Period by whatever means it determines to such Bankbe appropriate.
Appears in 1 contract
Samples: Facilities Agreement (Hadco Corp)
Default Interest. 9.1 If the Borrowers fail any Obligor fails to pay any sum (including, without limitation, any sum amount payable pursuant to by it under this clause 3.4) Agreement on its due date for payment under any of the Security Documents (other than the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand from the due date up (the unpaid balance being an "Overdue Amount"), that Obligor shall pay default interest on the Overdue Amount from (and including) the due date to (but excluding) the date such Overdue Amount is repaid in full, both before and after judgment.
9.2 Default interest shall be payable:
9.2.1 on an Overdue Amount (that is not all or part of actual payment (as well after as before judgmenta Dollar Swing-Line Advance) at a rate, per annum, equal to one per cent. plus the Margin and, LIBOR and, in respect of any Overdue Amount denominated in Sterling, the Mandatory Liquid Asset Costs applicable to that Overdue Amount; and
9.2.2 if such Overdue Amount is all or part of a Dollar Swing-Line Advance or any interest which shall have accrued under this Agreement in relation thereto, then such Overdue Amount shall bear interest at the rate determined by per annum which is the Agent pursuant to this clause 3.4sum of one per cent. and the Dollar Swing-Line Rate.
9.3 The period beginning on such due date and ending on such date of payment during which an Overdue Amount is outstanding shall be divided into successive periods of not more than three (3) months as selected by the Agent each a "Default Interest Period"), each of which (other than apart from the first, which shall commence on such due date) shall commence start on the last day of the preceding such periodDefault Interest Period. The rate duration of interest applicable to each such period Default Interest Period shall (save as provided at paragraph (d) below) be the aggregate (as determined selected by the Agent) Facility Agent having regard, where possible, to the likely date that the relevant Overdue Amount will be repaid in full.
9.4 If any Overdue Amount corresponds to the principal amount payable in respect of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Advance which has become repayable prior to its Repayment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period Default Interest Period which shall be selected by the Facility Agent shall be of a duration equal to the period between unexpired portion of the due date Term of such principal sum and Advance. The rate of the default interest payable in respect of such Overdue Amount during that unexpired period shall be one per cent. (1%) over the rate which would have been applicable to such Advance had it not so fallen due. -------------------------------------------------------------------------------- 35
9.5 If less than two of the Reference Banks are offering deposits in the currency in which an Overdue Amount (that is not all or part of a Dollar Swing-Line Advance) is denominated, the rate of default interest in respect of such Overdue Amount shall be equal to one per cent. (1%), the Margin, the cost to each of the Reference Banks (expressed as a percentage rate per annum) of funding that Overdue Amount for the applicable Default Interest Payment Date and Period and, in respect of any Overdue Amount denominated in Sterling, the Mandatory Liquid Asset Costs applicable to that Overdue Amount.
9.6 Any interest which shall have accrued under this clause 9 (Default Interest) in respect of an Overdue Amount shall be payable on such principal sum during such period demand and, if not paid, compounded at a rate the end of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bankthen current Default Interest Period.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (MFW Acquisition Corp)
Default Interest. (a) If the Borrowers fail a Borrower fails to pay any sum amount payable by it under this Agreement when due (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreementsan “Overdue Amount”), it shall forthwith on demand by the Borrowers shall Agent or, as the case may be, the Euro Swingline Agent, pay interest on such sum on demand the Overdue Amount from the due date up to the date of actual payment (as well payment, both before and after as before judgment) , at a rate (the “Default Rate”) determined by the Agent pursuant or, as the case may be, the Euro Swingline Agent to this clause 3.4be one per cent. The period beginning per annum (the “Default Margin”) above the higher of:
(i) the rate on such the Overdue Amount under Clause 8.1 (Interest rate for all Advances) immediately before the due date and ending on (in the case of principal); and
(ii) the rate which would have been payable under Clause 8.1 (Interest rate for all Advances) if the Overdue Amount had, during the period of non-payment, constituted a Revolving Credit Advance in the currency of the Overdue Amount for such date successive Terms of payment shall be divided into successive periods of not more than three (3) months such duration as selected by the Agent may determine (each of which a “Designated Term”), except that during any grace period specified in Clause 18.2 (other than Non-payment) the first, which shall commence on such due date) shall commence on the last day Default Margin portion of the preceding such period. The rate Default Rate will only apply to overdue payments of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, principal.
(b) The Default Rate will be determined on each Business Day or the Margin and first day of, or two Business Days before the first day of, the relevant Designated Term, as appropriate.
(c) LIBOR for such period. Such interest shall If the Agent or, as the case may be, the Euro Swingline Agent, determines that deposits in the currency of the Overdue Amount are not at the relevant time being made available by the Reference Banks to leading banks in the relevant interbank market, the Default Rate will be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant reference to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to or, as the case may be, the Euro Swingline Agent, from whatever sources it selects, acting reasonably at all times, after consultation with the Reference Banks.
(d) Default interest will be two per cent compounded at the end of each Designated Term.
(2%e) per annum above the aggregate The Agent shall notify Vodafone of the Margin and the cost duration of funds to such Bankeach Designated Term.
Appears in 1 contract
Samples: 5 Year Facility Agreement (Vodafone Group Public LTD Co)
Default Interest. 17.1. If the Borrowers fail to pay any sum due and payable by the Borrower hereunder (including, without limitation, including any sum amount becoming payable pursuant to this clause 3.4the provisions of clauses 16.18 and/or 16.19 above) is not paid on its the due date for payment under any therefor in accordance with the provisions of the Security Documents this Agreement (other than the Master Swap Agreements"unpaid sum"), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such the date upon which the obligation of payment the Borrower to pay the unpaid sum is discharged, shall be divided into successive periods of not more than three (3) months as selected by the Agent periods, each of which (other than the first, which shall commence on such due date) shall commence start on the last day of such preceding period and the preceding duration of each of which shall (except as otherwise provided in this clause 17) be selected by the Banks (such periodperiods selected as aforesaid "Interest Periods").
17.2. The rate of interest applicable to During each such period Interest Period as is mentioned in clause 17.1 above, an unpaid sum shall be bear Interest at the aggregate (as determined by rate per annum which is the Agent) of sum from time to time of: (a) two per cent 3% (2%) per annum, three percent); (b) the Margin Margin; and (c) LIBOR on the Interest Determination Date for such periodInterest Period, provided that, if, for any such Interest Period LIBOR cannot be determined, the rate of Interest applicable to such unpaid sum shall be the rate per annum which is the sum of: (i) 3% (three percent); (ii) the Margin; and (iii) a rate certified by the Banks in accordance with clause 9 above.
17.3. Such interest Any Interest which shall have accrued under clause 17.2 above in respect of an unpaid sum shall accrue from day to day from the commencement of the period in which such Interest is due, shall be calculated on the basis of the actual number of days elapsed and a 360 (three hundred and sixty) day year and shall be due and payable on the last day of each such period as determined and shall be paid by the Agent and each Borrower at the end of the period by reference to which it is calculated or on such day shall, for other dates as the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable Banks may specify by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal written notice to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBorrower.
Appears in 1 contract
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin (which shall be for the purposes of this Clause, 1.25% per annum) and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 1 contract
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2.1 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Agent, each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) Mandatory Cost, if any. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Cost, if any).
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such the relevant unpaid sum is (i) an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or (ii) a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, 12.1 on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 1 contract
Default Interest. If During the Borrowers fail to existence of an Event of Default the Borrower shall pay any sum interest (including, without limitation, any sum payable pursuant to this clause 3.4both before and after judgment) on its due date for payment under (a) the outstanding Advances (or Loan, as the case may be) and (b) on any of the Security Documents amount (other than principal of the Master Swap Agreements), the Borrowers shall pay interest on such sum on demand from the outstanding Advances) not paid when due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. Clause 5.2.
(a) The period beginning on such due date and the occurrence of the Event of Default (the "Default Date")and ending on the date any such date Event of payment Default is cured or waived in accordance with the terms hereof shall be divided into successive periods of not more than three months (3each a "default period") months as selected by the Agent (after consultation with the Banks) each of which (other than the first, which shall commence on such due datethe Default Date) shall commence on the last day of the preceding such default period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became has become due and payable by reason of a declaration by the Agent under clause 10.2.2 Clause 11.2(b) or a prepayment pursuant to clauses 4.3, 8.2.1(a) Clause 6.3 or 12.1, on a date other than an Interest Payment Clause 13.1 prior to the Repayment Date relating theretofor such amount of principal, the first such default period selected by the Agent shall be end on that Repayment Date.
(b) The rate of a duration equal interest applicable to the each default period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a the rate of per annum determined by adding (i) two per cent and (2%ii) above the rate applicable thereto immediately before it Margin or Margins then in effect to TIBOR (or LIBOR, as the case may be) as in effect for each Interest Period.
(c) Default interest under this Clause 5.2 shall have become so be due and payable. Ifpayable on the last day of each default period or, for if earlier, on the reasons specified date on which the sum in clause 3.6.1, respect of which that default interest is accruing is actually paid.
(d) If the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4Clause 5.2, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank, as determined by such Bank in its sole discretion.
Appears in 1 contract
Samples: Floating Rate Guaranteed Credit Facility (Lsi Logic Corp)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost Rate, if any. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 10.2.1(b) or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and Margin, the cost of funds to such Lender and the Mandatory Cost Rate, if any. Interest payable by the Borrower as aforesaid shall be compounded quarterly (or if the period fixed by the Agent is longer, at the end of such longer period) and shall be payable on demand. For the avoidance of doubt, this clause 3.4 does not apply:
(a) in case the failure to effect a payment under this Agreement or any of the other Security Documents is solely due to technical problems within the relevant Creditor’s payment system which is beyond the control of the Borrower or the relevant Security Party; and
(b) to any amount payable under a Master Agreement in respect of any continuing Transaction as to which section 2(e) (Default Interest; Other Amounts) of that Master Agreement shall apply or, in the case of the Master Agreement with DSB as Swap Bank, clause 3(4) of that Master Agreement, shall apply.
Appears in 1 contract
Samples: Facility Agreement (Costamare Inc.)
Default Interest. If the Borrowers or either of them fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than except the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost (if any). Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3., 8.2.1(a) 8.2.1 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Cost, if any).
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Agent, each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank.
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)
Default Interest. (a) If the Borrowers fail a Borrower fails to pay any sum amount payable by it under this Agreement when due (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreementsan “Overdue Amount”), it shall forthwith on demand by the Borrowers shall Agent or, as the case may be, the Euro Swingline Agent, pay interest on such sum on demand the Overdue Amount from the due date up to the date of actual payment (as well payment, both before and after as before judgment) , at a rate (the “Default Rate”) determined by the Agent pursuant or, as the case may be, the Euro Swingline Agent to this clause 3.4be one per cent. The period beginning per annum (the “Default Margin”) above the higher of:
(i) the rate on such the Overdue Amount under Clause 9.1 (Interest rate for all Advances) immediately before the due date and ending on (in the case of principal); and
(ii) the rate which would have been payable under Clause 9.1 (Interest rate for all Advances) if the Overdue Amount had, during the period of non-payment, constituted a Revolving Credit Advance in the currency of the Overdue Amount for such date successive Terms of payment shall be divided into successive periods of not more than three (3) months such duration as selected by the Agent may determine (each of which a “Designated Term”), except that during any grace period specified in Clause 19.2 (other than Non-payment) the first, which shall commence on such due date) shall commence on the last day Default Margin portion of the preceding such period. The rate Default Rate will only apply to overdue payments of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, principal.
(b) The Default Rate will be determined on each Business Day or the Margin and first day of, or two Business Days before the first day of, the relevant Designated Term, as appropriate.
(c) LIBOR for such period. Such interest shall If the Agent or, as the case may be, the Euro Swingline Agent, determines that deposits in the currency of the Overdue Amount are not at the relevant time being made available by the Reference Banks to leading banks in the Relevant Interbank Market, the Default Rate will be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant reference to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to or, as the case may be, the Euro Swingline Agent, from whatever sources it selects, acting reasonably at all times, after consultation with the Reference Banks.
(d) Default interest will be two per cent compounded at the end of each Designated Term.
(2%e) per annum above the aggregate The Agent shall notify Vodafone of the Margin and the cost duration of funds to such Bankeach Designated Term.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.43.3) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Lender pursuant to this clause 3.43.3. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent Lender and on the day on which all amounts in respect of which interest is being paid under this clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.13.4.1, the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause 3.43.3, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to the Lender compounded at such Bankintervals as the Lender selects.
Appears in 1 contract
Samples: Loan Agreement (EuroDry Ltd.)
Default Interest. If the Borrowers Borrower fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR the cost of funds to the Lenders which is the highest for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and if the unpaid amount is in respect of the Loan, the cost of funds to the Lenders which is the highest compounded at such Bankintervals as the Agent selects.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.43.3) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Lender pursuant to this clause 3.43.3. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR the Reference Rate and (d) the Credit Adjustment Spread for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent Lender and on the day on which all amounts in respect of which interest is being paid under this clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, on a date day other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.13.4.1, the Agent Lender is unable to determine a rate in accordance with the foregoing provisions of this clause 3.43.3, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Lender to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to the Lender compounded at such Bankintervals as the Lender selects.
Appears in 1 contract
Samples: Loan Agreement (EuroDry Ltd.)
Default Interest. 8.4.1 If the Borrowers fail a Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.48.4.2) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Finance Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Facility Agent pursuant to this clause 3.48.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Facility Agent, each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. .
8.4.2 The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two one point five per cent (21.5%) per annum, (b) the Margin and Margin, (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Facility Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Facility Agent under clause 10.2.2 15.2.2 or a prepayment pursuant to clauses 4.39.3 (Mandatory Cancellation or Prepayment - total loss or disposal/sale), 8.2.1(a13.2.1(a)(Security shortfall) or 12.117.1 (Unlawfulness), on a date other than an Interest Payment Date relating thereto, the first such period selected by the Facility Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two one point five per cent (21.5%) above the rate applicable thereto immediately before it shall have become so due and payable. .
8.4.3 If, for the reasons specified in clause 3.6.18.7.1, the Facility Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.48.4, each Bank Lender shall promptly notify the Facility Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated for each Lender at a rate determined by the Facility Agent to be two one point five per cent (21.5%) per annum above the aggregate of the Margin and the cost of funds to such BankLender.
Appears in 1 contract
Samples: On Delivery Buyer Credit Facility Agreement (DryShips Inc.)
Default Interest. (a) If the Borrowers fail a Borrower fails to pay any sum amount payable by it under this Agreement when due (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreementsan “Overdue Amount”), it shall forthwith on demand by the Borrowers shall Agent or, as the case may be, the U.S. Swingline Agent, pay interest on such sum on demand the Overdue Amount from the due date up to the date of actual payment (as well payment, both before and after as before judgment) , at a rate (the “Default Rate”) determined by the Agent pursuant or, as the case may be, the U.S. Swingline Agent to this clause 3.4be one per cent. The period beginning per annum (the “Default Margin”) above the higher of:
(i) the rate on such the Overdue Amount under Clause 9.1 (Interest rate for all Advances) immediately before the due date and ending on (in the case of principal); and
(ii) the rate which would have been payable under Clause 9.1 (Interest rate for all Advances) if the Overdue Amount had, during the period of non-payment, constituted a Revolving Credit Advance in the currency of the Overdue Amount for such date successive Terms of payment shall be divided into successive periods of not more than three (3) months such duration as selected by the Agent may determine (each of which a “Designated Term”), except that during any grace period specified in Clause 19.2 (other than Non-payment) the first, which shall commence on such due date) shall commence on the last day Default Margin portion of the preceding such period. The rate Default Rate will only apply to overdue payments of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, principal.
(b) The Default Rate will be determined on each Business Day or the Margin and first day of, or two Business Days before the first day of, the relevant Designated Term, as appropriate.
(c) LIBOR for such period. Such interest shall If the Agent or, as the case may be, the U.S. Swingline Agent, determines that deposits in the currency of the Overdue Amount are not at the relevant time being made available by the Reference Banks to leading banks in the relevant interbank market, the Default Rate will be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant reference to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to or, as the case may be, the U.S. Swingline Agent, from whatever sources it selects, acting reasonably at all times, after consultation with the Reference Banks.
(d) Default interest will be two per cent compounded at the end of each Designated Term.
(2%e) per annum above the aggregate The Agent shall notify Vodafone of the Margin and the cost duration of funds to such Bankeach Designated Term.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Administrative Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Administrative Agent (after consultation with the Banks) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) Administrative Agent of (a) two per cent (2%) per annum, (b) Margin, (c) the Margin Additional Cost and (cd) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Administrative Agent under clause 10.2.2 10.2(a) or a prepayment pursuant to clauses 4.3, 8.2.1(a) 4.6, 4.7 or 12.1, 12.1 on a date other than an Interest Payment a Repayment Date relating thereto, the first such period selected by the Administrative Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Repayment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) per annum above the aggregate of the Margin, the Additional Cost and the rate of LIBOR applicable thereto immediately before it shall have become so due and payable. Default interest shall be due and payable on the last day of each such period as determined by the Administrative Agent pursuant to this clause 3.4 or, if earlier, on the date on which the sum in respect of which such default interest is accruing shall actually be paid. If, for the reasons specified in clause 3.6.1, 3.7
(a) the Administrative Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Administrative Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Administrative Agent to be two per cent (2%) per annum above the aggregate of the Margin Margin, the Additional Cost and the cost of funds to such Bank. Each Bank shall (without prejudice to the obligation of the Borrower to pay such interest) provide reasonable detail as to the basis on which it has determined such cost of funds.
Appears in 1 contract
Samples: Loan Agreement (Golar LNG LTD)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause Clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a the rate determined by the Agent Bank pursuant to this clause Clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three one (31) months month (or as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (ai) two per cent (2%) ), per annum, (bii) the Margin and (ciii) LIBOR for such periodLIBOR. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date. In case that a payment is made in default for any amount, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration the Interest Periods will be determined by the Agent under clause 10.2.2 or a prepayment Bank at its discretion including the amounts for which there is no default, even if the Bank has not (yet) exercised its rights pursuant to clauses 4.3, 8.2.1(aClause 9.9(b) or 12.1, on a date other than an Interest Payment Date relating thereto, of the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payableAgreement. If, If for the reasons specified in clause 3.6.1Clause 3.6, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause Clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost costs of funds to such Bankthe Bank as conclusively determined by the Bank save for manifest error. Interest payable by the Borrowers as aforesaid shall be compounded semi-annually and shall be payable on demand.
Appears in 1 contract
Samples: Loan Agreement (FreeSeas Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Lender pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent Lender each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentLender) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Lender and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Lender under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Lender shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4Clause 4.2) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4Clause 4.2. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent (after consultation with the Banks) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (ai) two point seven five per cent (22.75%) per annum, (b) the Margin annum and (cii) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Agent under clause 10.2.2 Clause 15.2 or a prepayment pursuant to clauses 4.3Clauses 5.3, 8.2.1(a) 5.6, 5.7, 5.9 or 12.1, 17.1 on a date other than an Interest Payment a Maturity Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Maturity Date and interest shall be payable on such principal sum during such period at a rate of two point seven five per cent (22.75%) above the rate of LIBOR applicable thereto immediately before it shall have become so due and payable. Default interest shall be due and payable on the last day of each such period as determined by the Agent pursuant to this Clause 4.2 or, if earlier, on the date on which the sum in respect of which such default interest is accruing shall actually be paid. If, for the reasons specified in clause 3.6.1Clause 4.5(A), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4Clause 4.2, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be two point seven five per cent (22.75%) per annum above the aggregate of the Margin and the cost of funds to such Bank. Each Bank shall (without prejudice to the obligation of the Borrower to pay such interest) provide reasonable detail as to the basis on which it has determined such cost of funds.
Appears in 1 contract
Samples: Facility Agreement (Stena Ab)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause Clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a the rate determined by the Agent Bank pursuant to this clause Clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months such duration as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (ai) two per cent (2%) ), per annum, (bii) the applicable Margin and (ciii) LIBOR for such periodLIBOR. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date. In case that a payment is made in default for any amount, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration the Interest Periods will be determined by the Agent under clause 10.2.2 or a prepayment Bank at its discretion including the amounts for which there is no default, even if the Bank has not (yet) exercised its rights pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be Clause 9.10 of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payablethis Agreement. If, If for the reasons specified in clause 3.6.1Clause 3.6, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause Clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the applicable Margin and the cost costs of funds to the Bank as conclusively determined by the Bank save for manifest error. Interest payable by the Borrower as aforesaid shall be compounded semi-annually (or if the period fixed by the Bank is longer, at the end of such Banklonger period) and shall be payable on demand.
Appears in 1 contract
Samples: Loan Agreement (StealthGas Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.43.4 and any amounts payable by the Borrowers under clause 2.23.3) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two one per cent (21%) per annum, (b) the Margin and relevant Margin, (c) the Additional Cost and (d) LIBOR for such period or, for any such amounts denominated in euros, EURIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that that, if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.2 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two one per cent (21%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two one per cent (21%) per annum above the aggregate of the relevant Margin and the cost of funds (including Additional Cost) to such the Bank.
Appears in 1 contract
Samples: Facility Agreement (Aegean Marine Petroleum Network Inc.)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shalland, where the context so requires, for the purposes of this Agreement, Agreement each such period shall be treated as an Interest Period and each such day shall be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.4, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such BankBank (including Mandatory Cost, if any).
Appears in 1 contract
Default Interest. 5.10.1 If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.45.10) on its due date for payment under any of the Security Documents (this Agreement other than in respect of Facility C the Master Swap Agreements), the Borrowers shall Borrower agrees to pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.45.10. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent (after consultation with the relevant Lenders) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two one per cent (2%) cent. per annum, (b) the Margin and determined pursuant to clause 5.2, if the unpaid sum is, in respect of Facility A, or clause 5.3, if the unpaid sum is in respect of Facility B, or clause 5.4 if the unpaid sum is in respect of Facility D, (c) LIBOR for such period. Such interest shall be due the Mandatory Cost and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date(d) LIBOR, provided that that:
(a) if such unpaid sum is all or part of an amount of principal Advance which became shall have become due and payable by reason prior to the last day of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an then current Interest Payment Date Period relating thereto, the first such period selected by the Agent shall be of a duration equal to end on the period between the due date last day of such principal sum and such Interest Payment Date Period and interest shall be payable on such principal unpaid sum during such period at a rate of two one per cent (2%) cent. above the rate applicable thereto immediately before it shall have become so due and payable. Ifbecame due; and
(b) if, for the reasons specified in clause 3.6.15.12.1(a) or 5.12.1(b), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.45.10, each Bank relevant Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated for each relevant Lender at a rate determined by the Agent to be two one per cent (2%) cent. per annum above the aggregate of the Margin determined pursuant to clause 5.2, if the unpaid sum is in respect of Facility A, or clause 5.3 if the unpaid sum is in respect of Facility B or clause 5.4 if the unpaid sum is in respect of Facility D, and the cost of funds (including Mandatory Cost) to such BankLender.
5.10.2 Default interest under this clause 5.10 shall be due and payable on the last day of each period determined by the Agent pursuant to this clause 5.10 or, if earlier, on the date on which the sum in respect of which such default interest is accruing shall actually be paid.
Appears in 1 contract
Samples: Loan Agreement (Telewest Global Inc)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a) 8.3.1(a), 8.4 or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such the Bank.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause Clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a the rate determined by the Agent Bank pursuant to this clause Clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months (or as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (ai) two per cent (2%) ), per annum, (bii) the Margin and (ciii) LIBOR for such periodLIBOR. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date. In case that a payment is made in default for any amount, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration the Interest Periods will be determined by the Agent under clause 10.2.2 or a prepayment Bank at its discretion including the amounts for which there is no default, even if the Bank has not (yet) exercised its rights pursuant to clauses 4.3, 8.2.1(aClause 9.9(b) or 12.1, on a date other than an Interest Payment Date relating thereto, of the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payableAgreement. If, If for the reasons specified in clause 3.6.1Clause 3.6, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause Clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost costs of funds to such Bankthe Bank as conclusively determined by the Bank save for manifest error. Interest payable by the Borrower as aforesaid shall be compounded semi-annually and shall be payable on demand.
Appears in 1 contract
Samples: Loan Agreement (FreeSeas Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause Clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a the rate determined by the Agent Bank pursuant to this clause Clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months such duration as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (ai) two per cent (2%) ), per annum, (bii) the Margin and (ciii) LIBOR for such periodLIBOR. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date. In case that a payment is made in default for any amount, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration the Interest Periods will be determined by the Agent under clause 10.2.2 or a prepayment Bank at its discretion including the amounts for which there is no default, even if the Bank has not (yet) exercised its rights pursuant to clauses 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be Clause 9.10 of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payablethis Agreement. If, If for the reasons specified in clause 3.6.1Clause 3.6, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause Clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost costs of funds to the Bank as conclusively determined by the Bank save for manifest error. Interest payable by the Borrower as aforesaid shall be compounded semi-annually (or if the period fixed by the Bank is longer, at the end of such Banklonger period) and shall be payable on demand.
Appears in 1 contract
Samples: Loan Agreement (StealthGas Inc.)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Facility Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Facility Agent (after consultation with the Banks) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) Facility Agent of (a) two per cent (2%) per annum, (b) Margin, (c) the Margin Additional Cost and (cd) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable payable, by reason of a declaration by the Facility Agent under clause 10.2.2 10.2.1 or a prepayment pursuant to clauses 4.34.4, 8.2.1(a) 4.7 or 12.1, 12.1 on a date other than an Interest Payment a Repayment Date relating thereto, the first such period selected by the Facility Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Repayment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) per annum above the aggregate of the Margin, the Additional Cost and the rate of LIBOR applicable thereto immediately before it shall have become so due and payable. Default interest shall be due and payable on the last day of each such period as determined by the Facility Agent pursuant to this clause 3.4 or, if earlier, on the date on which the sum in respect of which such default interest is accruing shall actually be paid. If, for the reasons specified in clause 3.6.1, 3.
7.1 the Facility Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Facility Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Facility Agent to be two per cent (2%) per annum above the aggregate of the Margin Margin, the Additional Cost and the cost of funds to such Bank. Each Bank shall (without prejudice to the obligation of the Borrower to pay such interest) provide reasonable detail as to the basis on which it has determined such cost of funds.
Appears in 1 contract
Samples: Facility Agreement (Golar LNG LTD)
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a8.3.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such the Bank.
Appears in 1 contract
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Payment Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Payment Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Payment Agent) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Payment Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Payment Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Payment Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on 15 Table of Contents such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Payment Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Payment Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Payment Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Payment Agent selects.
Appears in 1 contract
Samples: Facility Agreement (Navios Maritime Acquisition CORP)
Default Interest. If the Borrowers fail to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on within two (2) Banking Days from its due date for payment under any of the Security Documents (other than the a Master Swap AgreementsAgreement), the Borrowers shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR for such periodperiod and (d) the Mandatory Cost. Such interest shall be due and payable on the last day of each such period as determined by the Agent and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 3.6.2, 4.3, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bank.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers shall Borrower must pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 3.4. The period beginning starting on such due date and ending on such date of payment shall be divided into successive periods of not more than three (3) months as selected by the Agent each of which (other than the first, which shall commence start on such due date) shall commence start on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two per cent (2%) per annum, (b) the Margin (which shall be for the purposes of this Clause, 1.25% per annum) and (c) the applicable one of Cost of Funds and LIBOR for such periodperiods. Such interest shall be due and payable on demand, or, if no demand is made, then on the last day of each such period as determined by the Agent and on the day on which all amounts in respect of which interest is being paid under this Clause are paid, and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 4.5, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank Lender shall promptly notify the Agent of the cost of funds to such Bank Lender and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent to be two per cent (2%) per annum above the aggregate of the Margin and the arithmetic mean of the cost of funds to the Lenders compounded at such Bankintervals as the Agent selects.
Appears in 1 contract
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Documents, the Borrowers Borrower shall pay interest on such sum on demand from the due date up to the date of actual payment (as well after as before judgmentjudgement) at a rate determined by the Agent Bank pursuant to this clause 3.4. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three six (36) months as selected by the Agent Bank each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the AgentBank) of (a) two per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. Such interest shall be due and payable on the last day of each such period as determined by the Agent Bank and each such day shall, for the purposes of this Agreement, be treated as an Interest Payment Date, provided that if such unpaid sum is an amount of principal which became due and payable by reason of a declaration by the Agent Bank under clause 10.2.2 or a prepayment pursuant to clauses 4.3, 8.2.1(a8.3.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, the first such period selected by the Agent Bank shall be of a duration equal to the period between the due date of such principal sum and such Interest Payment Date and interest shall be payable on such principal sum during such period at a rate of two per cent (2%) above the rate applicable thereto immediately before it shall have become so due and payable. If, for the reasons specified in clause 3.6.1, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated at a rate determined by the Agent Bank to be two per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such the Bank.
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)