Common use of Deferral of Payment Clause in Contracts

Deferral of Payment. The Company shall be permitted to defer payment of any indemnification amount, other than indemnity-related fees and expenses (which shall be reimbursed by the Company on a current basis as provided below), until the earlier of (i) the date that is 12 months following the Closing Date and (ii) the date on which the Company becomes subject to any bankruptcy, insolvency, liquidation or similar proceeding. Interest will accrue on all payment amounts deferred pursuant to this Section 7.04 at a rate of 10% per annum, which amount shall be payable along with the indemnification amount upon termination of the deferral period. To the extent permitted under Section 7.02, the Company shall reimburse a Purchaser and Special Share Purchaser for all indemnity-related fees and expenses (including but not limited to legal fees) within five Business Days of such Purchaser or Special Share Purchaser's request for reimbursement.

Appears in 2 contracts

Samples: Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD), Investment and Note Purchase Agreement (Morgan Stanley)

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Deferral of Payment. The Company shall be permitted to defer payment of any indemnification amount, other than indemnity-related fees and expenses (which shall be reimbursed by the Company on a current basis as provided below), until the earlier of (i) the date that is 12 months following the Closing Date and (ii) the date on which the Company becomes subject to any bankruptcy, insolvency, liquidation or similar proceeding. Interest will accrue on all payment amounts deferred pursuant to this Section 7.04 at a rate of 10% per annum, which amount shall be payable along with the indemnification amount upon termination of the deferral period. To the extent permitted under Section 7.02, the Company shall reimburse a Purchaser and Special Share Purchaser for all indemnity-related fees and expenses (including but not limited to legal fees) within five Business Days of such Purchaser or Special Share Purchaser's ’s request for reimbursement.

Appears in 1 contract

Samples: Investment and Note Purchase Agreement (Morgan Stanley)

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Deferral of Payment. The Company shall be permitted to defer payment of any indemnification amount, other than indemnity-related fees and expenses (which shall be reimbursed by the Company on a current basis as provided below), until the earlier of (i) the date that is 12 months following the Closing Date and (ii) the date on which the Company becomes subject to any bankruptcy, insolvency, liquidation or similar proceeding. Interest will accrue on all payment amounts deferred pursuant to this Section 7.04 at a rate of 10% per annum, which amount shall be payable along with the indemnification amount upon termination of the deferral period. To the extent permitted under Section 7.02, the Company shall reimburse a Purchaser and Special Share Purchaser for all indemnity-related fees and expenses (including but not limited to legal fees) within five Business Days of such Purchaser or Special Share Purchaser's request for reimbursement.

Appears in 1 contract

Samples: Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD)

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