Common use of Default Rate Clause in Contracts

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 35 contracts

Samples: Credit Agreement (EGAIN Corp), Credit Agreement (PROS Holdings, Inc.), Credit Agreement (Unifi Inc)

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Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 19 contracts

Samples: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Oclaro, Inc.), Credit Agreement (Federal Signal Corp /De/)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 18 contracts

Samples: Credit Agreement (USA Mobility, Inc), Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Watsco Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 16 contracts

Samples: Credit Agreement (Servicesource International LLC), Credit Agreement (Servicesource International LLC), Credit Agreement (Foothills Resources Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 11 contracts

Samples: Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Aegis Communications Group Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 6 contracts

Samples: Loan and Security Agreement (Silicon Graphics Inc /Ca/), Loan and Security Agreement (Hologic Inc), Loan and Security Agreement (Hudson Respiratory Care Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) , all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 6 contracts

Samples: Credit Agreement (Unifi Inc), Debt Agreement (Ciber Inc), Credit Agreement (Inventure Foods, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 5 contracts

Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)

Default Rate. Upon the occurrence and during the continuation continuance of an Event of Default and at the election of Agent or the Required Lenders, Default, (ia) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof Loans then outstanding shall bear interest at a per annum rate equal to 2 the rate otherwise applicable to such Loan plus 2.0 percentage points, and (b) the Letter of Credit Fee shall be increased to 2.0 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee . All amounts payable under this Section 2.4 shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunderdue and payable on demand by Agent.

Appears in 5 contracts

Samples: Credit Agreement (Ares Commercial Real Estate Corp), Credit Agreement (Ares Commercial Real Estate Corp), Credit Agreement (Ares Commercial Real Estate Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 5 contracts

Samples: Loan and Guaranty Agreement (Collective Brands, Inc.), Loan and Guaranty Agreement (Payless Shoesource Inc /De/), Loan and Security Agreement (Friede Goldman Halter Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all the overdue Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and two (ii2) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder, and (ii) the overdue Letter of Credit Fees shall be increased to two (2) percentage points above the per annum rate otherwise applicable hereunder. Interest at the above referenced rate (the "Default Rate") shall be payable upon demand.

Appears in 5 contracts

Samples: Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been whether or not charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 5 contracts

Samples: Credit Agreement (Baseline Oil & Gas Corp.), Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required LendersLender), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Samples: Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Elxsi Corp /De//)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at any time following the election of Agent or the Required LendersTermination Date, (i) the principal amount of all Obligations (except for undrawn Letters of CreditCredit and Bank Products) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 three (3) percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.12 shall be increased to 2 by three (3) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Samples: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (Integrated Electrical Services Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the each Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Revolving Loans and all other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Ocz Technology Group Inc), Credit Agreement (Quantum Corp /De/), Credit Agreement (School Specialty Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee provided for above shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Samples: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) the interest rate applicable to all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Connecture Inc), Credit Agreement (Connecture Inc), Credit Agreement (Connecture Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations which are due and owing under the Loan Documents (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at upon the election of Agent or the Required Lenders,: (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunder, ; and (ii) the Letter of Credit Fee shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Loan and Security Agreement (Metalico Inc), Loan and Security Agreement (Cray Inc), Loan and Security Agreement (Microstrategy Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Loan and Security Agreement (Frontstep Inc), Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Hudson Highland Group Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) , all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunder, and (ii) and the Letter of Credit Fee shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Credit Agreement (SeaSpine Holdings Corp), Credit Agreement (SeaSpine Holdings Corp), Credit Agreement (SeaSpine Holdings Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Wabash National Corp /De), Credit Agreement (Wabash National Corp /De), Exim Guarantied Credit Agreement (Stanadyne Holdings, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Loan and Security Agreement (Peninsula Gaming Co LLC), Loan and Security Agreement (Microstrategy Inc), Loan and Security Agreement (Peninsula Gaming Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the written election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Logistics, LLC)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the written election of Agent or the Required Supermajority Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Administrative Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required LendersLender), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lazy Days R.V. Center, Inc.), Loan and Security Agreement (Anacomp Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Old Evangeline Downs Capital Corp), Loan and Security Agreement (Peninsula Gaming Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations which are due and owing under the Loan Documents (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (Boise Cascade Holdings, L.L.C.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required LendersLender, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points Two percent (2.0%) above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points Two percent (2.00%) above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (OVERSTOCK.COM, Inc), Loan and Security Agreement (Overstock Com Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Asure Software Inc), Credit Agreement (Asure Software Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (Navarre Corp /Mn/)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required LendersLender, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Matrix Geophysical, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Cellstar Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all the overdue Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and two (ii2) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder, and (ii) the overdue Letter of Credit Fees shall be increased to two (2) percentage points above the per annum rate otherwise applicable hereunder. Interest at the above referenced rate (the “Default Rate”) shall be payable upon demand.

Appears in 2 contracts

Samples: Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderthereto, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Debtor in Possession Credit Agreement, Senior Secured, Priming and Superpriority Debtor in Possession Credit Agreement

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required Lenders, (i1) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii2) the Letter of Credit Fee fee provided for above shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election discretion of Agent or the election of the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Remy International, Inc.), Credit Agreement (Remy International, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Revolving Loans and all Obligations (except for undrawn Letters of CreditCredit and Bank Product Obligations) that have been charged to the applicable Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the applicable Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Kronos Worldwide Inc), Credit Agreement (Kronos Worldwide Inc)

Default Rate. Upon At the election of Agent or the Required Lenders upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all unpaid Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Dip Credit Agreement (Storm Cat Energy CORP), Credit Agreement (Storm Cat Energy CORP)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all the overdue Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunder, and (ii) the overdue Letter of Credit Fee Fees shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Cleveland-Cliffs Inc.), Syndicated Facility Agreement (Cliffs Natural Resources Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required LendersLender, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 three (3) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 three (3) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Seitel Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fees provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Stream Global Services, Inc.), Credit Agreement (Stream Global Services, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Bank Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points per annum above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points per annum above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Delta Apparel, Inc), Credit Agreement (Delta Apparel, Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Loans and other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Titan Machinery Inc.), Credit Agreement (Titan Machinery Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Administrative Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Inventory Facility Credit Agreement (Anixter International Inc), Credit Agreement (Anixter International Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Default, if elected by Agent or the Required LendersLenders during such time, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Appfolio Inc), Credit Agreement (Appfolio Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (Advanced Energy Industries Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Silicon Graphics Inc /Ca/), Loan and Security Agreement (DSG International LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Revolving Loans and all other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Debtor in Possession Credit Agreement (School Specialty Inc), Debtor in Possession Credit Agreement (School Specialty Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Hawaiian Holdings Inc), Credit Agreement (Hawaiian Holdings Inc)

Default Rate. Upon the occurrence and during the continuation continuance of an a Significant Event of Default and at the election of Agent or the Required LendersDefault, (i) all overdue Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Abl Credit and Guarantee Agreement (Janus International Group, Inc.), Abl Credit and Guarantee Agreement (Janus International Group, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at after the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 2 contracts

Samples: Credit Agreement (FleetMatics Group PLC), Credit Agreement (FleetMatics Group PLC)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election discretion of Agent or the election of the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Dixie Group Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters Letter of CreditCredit Usage) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (MGP Ingredients Inc)

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Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Participation Fee shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Stock Building Supply Holdings, Inc.)

Default Rate. Upon After the occurrence and during the continuation continuance of an Event of Default and a Default, at the election option of the Administrative Agent or at the direction of the Required Lenders, , (i) all the interest rate(s) applicable to the Obligations (except for undrawn and the letter of credit fee payable under Section 2.24 with respect to Facility Letters of Credit) that have been charged Credit shall be equal to the Loan Account pursuant Base Rate plus the highest Applicable Margin with respect to the terms hereof shall bear interest at a Base Rate Loans as set forth in Section 2.8 plus two percent (2.00%) per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and and (ii) the Applicable Letter of Credit Fee shall be increased to 2 percentage points above the by two percent (2.00%) per annum rate otherwise applicable hereunderannum.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Brightpoint Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders, (i) ), all Obligations (except for undrawn Letters of CreditCredit and Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderto such Obligations hereunder, and (ii) and the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Elgin National Industries Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and Lender Hedging Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points four percent (4%) above the per annum rate otherwise applicable thereunderhereunder, and and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points four percent (4%) above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan Agreement (Ram Energy Resources Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Loans, and Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof hereof, shall bear interest at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders, ), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) and the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Peninsula Gaming, LLC)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fees provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Prandium Inc)

Default Rate. Upon Immediately upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and and (iiB) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Dip Credit Agreement (Exide Technologies)

Default Rate. Upon Subject to the Agreement Among Lenders, upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all or any portion of the Loans and other Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof hereof, shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Harte Hanks Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4.0 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 by 4.0 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Orbital Sciences Corp /De/)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 3 percentage points above the per annum rate otherwise applicable thereunderthereon, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 3 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Realpage Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of (if Agent or the Required LendersLenders so elect), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Interdent Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points 2% above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in clause (b) above shall be increased to 2 percentage points a rate 2% above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Harvey Electronics Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Enesco Group Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Revolving Loans, the Term Loan and all other Obligations (except for undrawn Letters of Credit) that have been charged to the applicable Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the applicable Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Ciber Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at upon the election of Agent or the Required Lenders, : (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunder, and ; and (ii) the Letter of Credit Fee shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Vector Group LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the written election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Internap Network Services Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Metalico Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Sirva Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4.00 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (RMH Teleservices Inc)

Default Rate. Upon (i) Immediately upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and and (iiB) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Exide Technologies)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and Default, at the election of Agent or the Required Lenders, (ia) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (iib) the Letter of Credit Fee fee provided for above shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (West Marine Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i1) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii2) the Letter of Credit Fee fee provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Renewable Energy Group, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at upon the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 2.00 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee shall be increased to 2 2.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Vector Group LTD)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4.00 percentage points above the per annum rate otherwise applicable thereunderrate, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Kroll Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default Default, and at following the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above which is 2.00% in excess of the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fee shall be increased to 2 percentage points above bear interest at a per annum rate which is 2.00% in excess of the per annum rate otherwise applicable hereunderthereunder.

Appears in 1 contract

Samples: Abl Credit and Guarantee Agreement (ATI Intermediate Holdings, LLC)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required LendersLender), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Scheib Earl Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account Accounts pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Learningstar Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersDefault, (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 four (4) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 four (4) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (FFP Marketing Co Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be calculated by using an increased to per annum rate of 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Riviera Holdings Corp)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders, (i) ), all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (E Spire Communications Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders, ), (ii ) all Obligations (except for Bank Product Obligations and undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points four percent (4.0%) above the per annum rate otherwise applicable thereunderhereunder to Base Rate Loans, and and (ii) the Letter of Credit Fee shall be increased to 2 four (4) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Hercules Capital, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit ) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 four (4) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 four (4) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required LendersLender), (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 two (2) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 two (2) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Bidz.com, Inc.)

Default Rate. (i) Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required LendersXxxxxxx, (iA) all Obligations (except for undrawn Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, hereunder; and (iiB) the Letter of Credit Fee shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder. (ii) [Reserved].

Appears in 1 contract

Samples: Credit Agreement

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account Accounts pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Big Dog Holdings Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default and at the election of Agent or the Required Lenders, (i) all Obligations (except for undrawn Letters of Credit) that have been charged to the a Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 percentage points above the per annum rate otherwise applicable thereunder, and (ii) the Letter of Credit Fee fees provided for in Section 2.6(b) shall be increased to 2 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Credit Agreement (Coleman Cable, Inc.)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 4.00 percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 4.00 percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Mercator Software Inc)

Default Rate. Upon the occurrence and during the continuation of an Event of Default (and at the election of Agent or the Required Lenders), (i) all Obligations (except for undrawn Letters of CreditCredit and except for Bank Product Obligations) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest on the Daily Balance thereof at a per annum rate equal to 2 three (3) percentage points above the per annum rate otherwise applicable thereunderhereunder, and (ii) the Letter of Credit Fee fee provided for above shall be increased to 2 three (3) percentage points above the per annum rate otherwise applicable hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Harolds Stores Inc)

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