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: Tenth Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Corporations and Companies (Aegean Marine Petroleum Network Inc.), 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: Agreement, 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: Day Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.), Five Year 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: Tenth Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Eighth Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Supplemental 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: Agreement (Navios Maritime Acquisition CORP), Agreement (Navios Maritime Acquisition CORP), Agreement (Navios Maritime Holdings 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 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: www.lw.com, Navios Maritime Midstream Partners LP, 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 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: Agreement (Navios Maritime Acquisition CORP), Agreement (Navios Maritime Acquisition CORP), 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 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 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: Master Swap Agreement (Quintana Shipping Ltd.), Supplemental 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 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: Seanergy Maritime Holdings Corp., Seanergy Maritime Holdings 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 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: Agreement (Aegean Marine Petroleum Network Inc.), Agreement (Aegean Marine Petroleum Network Inc.)
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.), 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 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: EuroDry Ltd., Euroseas 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 3.4. 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 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: Agreement (Navios Maritime Partners L.P.), Agreement (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 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: Agreement (Navios Maritime Partners L.P.), 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 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 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: Second Supplemental Agreement (Seanergy Maritime Holdings Corp.), First Supplemental 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 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: Agreement (Seanergy Maritime Holdings Corp.), 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: Agreement (StealthGas Inc.), Agreement (StealthGas 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 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 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.), Agreement (Quintana Shipping Ltd.)
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: Agreement (Navios Maritime Holdings Inc.), 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 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 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: Agreement (Stena Ab), 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 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.), Agreement (Top Tankers 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 3.43.2. 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.), 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: 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 3.4) 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: Seanergy Maritime Holdings Corp., Seanergy Maritime Holdings 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 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 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: Agreement (Navios Maritime Partners L.P.), 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 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
Samples: Master Agreement (Capital Maritime & Trading Corp.)
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: 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 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 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
Samples: Navios Maritime Holdings Inc.
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. 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 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 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 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: 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 3.45.6) 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 3.45.6. 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 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 per cent (2%) cent. above the rate applicable thereto immediately before it became due. Default interest under this clause 5.6 shall have become so be due and payablepayable on the last day of each period determined by the Agent pursuant to this clause 5.6 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 3.6.15.8(a)(i) or (ii), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4, 5.6 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%) cent. per annum above the aggregate of the Margin and the cost of funds (including Additional Cost) to such Bank.
Appears in 1 contract
Samples: Comcast Uk Cable Partners LTD
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 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 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
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 (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 4.2, 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 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 1 contract
Samples: Agreement (Top Tankers Inc.)
Default Interest. If the Borrowers fail 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 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 Facility Agent pursuant to this clause 3.43.3. 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 Lenders so far as reasonably practicable in the circumstances) 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 unpaid sum and for each such period shall be the aggregate (as determined by the Facility Agent) of of, as regards any such unpaid amount owing to the Commercial Lenders, the Facility Agent or the Arranger (a) two per cent cent. (2%) per annum, (b) the Commercial Tranche Margin and (c) LIBOR for and as regards any such periodunpaid amount owing to KEXIM, (x) two per cent. Such interest shall be due (2%) per annum and payable on (z) the last day of each such period as determined by applicable KEXIM Rate. If 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 shall have become due and payable payable, by reason of a declaration by the Facility Agent under clause 10.2.2 or a prepayment obligation arising pursuant to clauses 4.3, 8.2.1(a) 8.2 or 12.1, on a date other than an prior to the next succeeding 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 end on such Interest Payment Date and interest shall be payable on such principal unpaid sum during such period at a rate of two per cent cent. (2%) above the rate applicable thereto immediately before it shall have become so due and payable. Interest under this clause 3.3 shall be due and payable on the last day of each period determined by the Facility Agent pursuant to this clause 3.3 or, if earlier, on the date on which the sum in respect of which such interest is accruing shall actually be paid. If, for the reasons specified in clause 3.6.1, 3.5.1 the Facility Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 3.43.3, 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 cent. (2%) per annum above above, in the case of a Commercial Lender, the aggregate of the Commercial Tranche Margin and the cost of funds to such BankCommercial Lender or, in the case of KEXIM, the KEXIM Rate.
Appears in 1 contract
Samples: Agreement (Teekay LNG 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 AgreementsDocuments), 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 (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 and each such day shallBank and, 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 Bank 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 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 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 1 contract
Samples: Loan Agreement (Euronav NV)
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 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
Samples: Navios Maritime Holdings Inc.
Default Interest. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.43.3) 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: Agreement (EuroDry 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 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.)
Default Interest. If the Borrowers fail 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 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
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. 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 3.4) 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 (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, 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 4.34.2, 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 Bank.
Appears in 1 contract
Samples: Loan Agreement (Mc Shipping 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 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 In case of failure of the Borrowers fail Borrower to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4Clause 3.04) 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 the rate determined by the Agent Bank pursuant to this clause 3.4Clause 3.04. 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 i)two point fifty per cent (22.50%) or any other higher percentage which may from time to time be permitted by the applicable legislation per annum, (b) the Margin ii)the Margin, (iii)LIBOR and (c) LIBOR for such periodiv)the Associated Costs (if any). 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 9.08(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 3.06, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4Clause 3.04, 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 point fifty per cent (22.50%) per annum above the aggregate of the Margin and the cost costs of funds including the Associated Costs (if any) to such Bankthe Bank as conclusively determined by the Bank save for manifest error. Any interest which is not paid on the Interest Payment Date shall be compounded on a semiannual basis.
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 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. 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 Applicable 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 Applicable 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: Private and Confidential (Navios Maritime Holdings Inc.)
Default Interest. If if the Borrowers fail Borrower fails to pay any sum (including, including without limitation, limitation any sum payable pursuant to 4 this clause 3.43 4) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements), 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. 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) 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. period The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) two 2 per cent (2%) per annum, (b) the Margin and (c) LIBOR for such period. 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, shall for the purposes of this Agreement, 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) 8.3 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 2 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 2 per cent (2%) per annum above the aggregate of the Margin and the cost of funds to such Bankthe Lenders.
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 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 per cent (2%) per annum, (b) the Margin and Margin, (c) LIBOR and (d) Mandatory Costs (if any) 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 Bank 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 payable, by reason of a declaration by the Agent Bank under clause 10.2.2 10.2 or a prepayment pursuant to clauses 4.2, 4.3, 8.2.1(a) 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 Margin and the cost of funds to the Bank compounded at such Bankintervals as the Bank 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 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 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 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 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 (iii) costs of funds to the Bank as conclusively determined by the Bank save for manifest error and (civ) LIBOR for such periodMandatory Cost, if any. 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 the Interest Periods will be determined by the Bank at its discretion including the amounts for which there is no default, even if such unpaid sum is an amount the Bank has not (yet) exercised its rights pursuant to Clause 9.2(b) of principal which became due and the Agreement. Interest payable by reason of a declaration the Borrower as aforesaid shall be compounded semi-annually (or if the period fixed by the Agent under clause 10.2.2 or a prepayment pursuant to clauses 4.3Bank is longer, 8.2.1(a) or 12.1, on a date other than an Interest Payment Date relating thereto, at the first such period selected by the Agent shall be of a duration equal to the period between the due date end of such principal sum longer period) 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 Bankdemand.
Appears in 1 contract
Samples: Agreement (NewLead Holdings Ltd.)
Default Interest. If Except as provided in Clause 7.5 in relation to sums due in respect of the Borrowers fail Standby Facility, if the Borrower fails 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 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 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 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 19.2 or a prepayment pursuant to clauses 4.3Clauses 9.4, 8.2.1(a) 9.7, 9.8, 9.11 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 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 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 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 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 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 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
Samples: Agreement (NewLead Holdings Ltd.)
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: 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 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: Management 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 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.
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 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 3.6.1, 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: Agreement (StealthGas 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 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: Costamare 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. 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
Samples: 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 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 sura 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 Applicable Margin and (c) LIBOR for such periodperiods. Such interest shall be due and payable 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 Applicable Margin and the cost of funds to the Lender compounded at such Bankintervals as the Lender selects.
Appears in 1 contract
Samples: Agreement (Box Ships 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 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 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 4.35.2, 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. 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 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. 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
Samples: Master Agreement (Capital Maritime & Trading 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 (a) the Margin Margin, (b) the Additional Cost and (c) the cost of funds to such 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 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 three point seven five per cent (3.75%) per annum 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.in
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 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 shorter, at the end of such Bankshorter period) and shall be payable on demand.
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 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
Samples: Agreement (NewLead Holdings 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 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: Management 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 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 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 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 4.35.2, 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. If the Borrowers fail Borrower fails to pay on the due date any sum (including, without limitation, any sum payable pursuant to due under this clause 3.4) on its due date for payment under Agreement or any of the other Security Documents (other than the Master Swap Agreements)to which it may at any time be a party, the Borrowers shall Borrower shall, without affecting any other remedy of the Paying Agent or the Lenders, pay interest on such sum on demand from the due date up to the actual date of actual payment (as well after as before judgment) ). Such interest shall accrue on a daily basis at a the higher of the Interest Rate fixed for the latest Interest Period and the rate determined computed by the Paying 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 certified by the Paying Agent each of which (other than to 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 Borrower as being the aggregate (as determined by the Agent) of (ai) the Margin plus two per cent (2%) and (ii) the greater of (a) in the case of the Lenders, the average (rounded upwards if necessary to the next integral multiple of one-sixteenth of one per annumcent (1/16%)) of the respective rates per annum at which each of the Lenders is able to acquire in accordance with its normal practice deposits in Dollars in successive periods of one (1) month (or for such shorter period as the Paying Agent may in its sole discretion select) in the London Interbank Market in an amount equivalent to or comparable with its Contribution to such sum, and, in the case of the Paying Agent, the rate per annum at which it is able to acquire in accordance with its normal practice deposits in Dollars in successive periods of one (1) month (or for such shorter period as the Paying Agent may in its sole discretion select) in the London Interbank Market in an amount equivalent to such sum, as at approximately 11.00 a.m. London time on any relevant day and (b) in the Margin and (c) LIBOR for such period. Such interest shall be due and payable on case of 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 theretoLenders, the first average (rounded upwards if necessary to the next integral multiple of one- sixteenth of one per cent (1/16%)) of the cost to each of the Lenders of funding its Contribution to such sum, and, in the case of the Paying Agent, the cost of funding such sum, such interest to be compounded at the end of the period selected by the Paying Agent shall be of a duration equal and 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 demand. In the event of two per cent (2%) above LIBOR not being available then the rate applicable thereto immediately before it Paying Agent shall have become so due and payable. If, in its discretion use the Substitute Basis for the reasons specified its calculation as set out 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 BankClause 6.3.
Appears in 1 contract
Samples: Loan Agreement (NCL CORP Ltd.)
Default Interest. If In case of failure of the Borrowers fail Borrower to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.4Clause 3.04) 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 the rate determined by the Agent Bank pursuant to this clause 3.4Clause 3.04. 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 i)two point fifty per cent (22.50%) or any other higher percentage which may from time to time be permitted by the applicable legislation per annum, (b) the Margin ii)the Margin, (iii)LIBOR and (c) LIBOR for such periodiv)the Associated Costs (if any). 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 9.08(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 3.06, the Agent Bank is unable to determine a rate in accordance with the foregoing provisions of this clause 3.4Clause 3.04, 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 point fifty per cent (22.50%) per annum above the aggregate of the Margin and the cost costs of funds including the Associated Costs (if any) to such Bankthe Bank as conclusively determined by the Bank save for manifest error. Any interest which is not paid on the Interest Payment Date shall be compounded on a semiannual basis.
Appears in 1 contract
Samples: Loan Agreement (Diana 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 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 Margin, (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. If the Borrowers fail Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 3.40) on its due date for payment under any of the Security Documents (other than the Master Swap Agreements)Finance 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 3.40. 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 4.34.2, 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 3.40, 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 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 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 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 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: Agreement (Euroseas Ltd.)
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
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 Bank.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:
Appears in 1 contract
Samples: Facility Agreement (Costamare Inc.)