Holder Yield. 5 SECTION 3.3 Scheduled Return of Holder Advances......................................................6 SECTION 3.4 Early Return of Advances.................................................................6 SECTION 3.5 Payments from Trust Estate Only..........................................................7 SECTION 3.6
Holder Yield. (a) Holder Advances shall bear yield payable by the Owner Trustee and calculated at the rate of Holder Yield applicable from time to time. The Owner Trustee shall pay to each Holder, from the Trust Estate, its pro rata portion of Holder Yield on Holder Advances made hereunder. Payment of Holder Yield to each Holder shall be made in arrears on each Scheduled Interest Payment Date occurring after the Rent Commencement Date or as otherwise provided herein or in Section 2.6 of the Credit Agreement or Section 8.7 of the Participation Agreement.
(b) If (i) all or a portion of Holder Yield shall not be received by the Holders when due (whether at the stated maturity, by acceleration or otherwise), subject to any grace periods therefor or (ii) (A) a replacement Construction Agent is hired in accordance with the provisions of the Agency Agreement, (B) Completion of all Properties has not occurred on prior to the Construction Period Termination Date or (C) the cost of any Property exceeds the original Construction Budget therefor (or the applicable Construction Budget modified in accordance with the Operative Agreements) in each case as previously delivered to the Agent, such overdue amount (in the case of Section 3.2(b)(i)) or all Holder Advances, Holder Yield and all other amounts payable hereunder (in the case of Section 3.2(b)(ii)) shall, without limiting the rights of the Holders hereunder or under any Operative Agreement, bear interest at the Holder Overdue Rate, in each case (x) from the date of nonpayment until paid (whether after or before judgment) (in the case of Section 3.2(b)(i)) or (y) Completion of all Properties (in the case of Section 3.2(b)(ii)). All such amounts referenced in this Section 3.2(b) shall be paid upon demand.
Holder Yield. Scheduled Return of Holder Advances.
Holder Yield. (a) Holder Advances shall bear yield payable by the Owner Trustee and calculated at the rate of Holder Yield applicable from time to time. Payment of Holder Yield to the Holder shall be made in arrears on each Scheduled Interest Payment Date occurring after the Rent Commencement Date or as otherwise provided herein or in Section 2.6 of the Credit Agreement or Section 8.7
Holder Yield. (a) Holder Advances shall bear yield payable by the Owner Trustee and calculated at the rate of Holder Yield applicable from time to time. The Owner Trustee shall pay to each Holder, from the Trust Estate, its pro rata portion of Holder Yield on Holder Advances made hereunder. Payment of Holder Yield to each Holder shall be made in arrears on each Scheduled Interest Payment Date occurring after the Rent Commencement Date or as otherwise provided herein, in Section 2.6 of the Credit Agreement or Section 5.1(b) or Section 8.7 of the Participation Agreement.
(b) If (i) all or a portion of Holder Yield shall not be received by the Holders when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall, without limiting the rights of the Holders hereunder or under any Operative Agreement, bear interest at a per annum rate equal to the Holder Overdue Rate, in each case from the date of nonpayment until paid (whether after or before judgment). All such amounts referenced in this Section 3.2(b) shall be paid upon demand.
Holder Yield. 4 SECTION 3.3 Scheduled Return of Holder Advances. . . . . . . . . . . . . . . 5 SECTION 3.4 Early Return of Advances. . . . . . . . . . . . . . . . . . . . 5 SECTION 3.5 Payments from Trust Estate Only. . . . . . . . . . . . . . . . . 6 SECTION 3.6
Holder Yield. (a) The Owner Trustee shall pay to each Holder, from the Trust Estate, its pro rata portion of Holder Yield on Holder Advances made hereunder. Payment of Holder Yield to each Holder shall be made in arrears on each Scheduled Interest Payment Date occurring after the Rent Commencement Date or as otherwise provided herein or in Section 2.6 of the Credit Agreement or Section 8.7 of the Participation Agreement.
(b) If all or a portion of Holder Yield shall not be received by the Holders when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall, without limiting the rights of the Holders hereunder or under any Operative Agreement, bear interest at the Holder Overdue Rate, in each case from the date of nonpayment until paid (whether after or before judgment) and shall be paid upon demand.
Holder Yield. (a) Except as otherwise expressly provided in this Agreement, each Holder Advance shall bear interest at the rate per annum specified in this Section 3.7. Interest is calculated on the basis of a year of 360 days for the actual days elapsed. Such interest is the ‘Holder Yield.’
(b) By written notice to Agent and the Owner Trustee substantially in the form of Exhibit A to the First Amendment to the Omnibus Amendment dated November 29, 2006 among Agent, Lessee, Owner Trustee and certain other parties, Lessee may, from time to time, on the condition that no Event of Default has occurred and is continuing and subject to the other provisions of this Agreement, elect to cause interest on all or any portion of a Holder Advance during any Interest Period therefor to accrue at a rate per annum equal to the sum of the Eurodollar Rate for such Interest Period plus the Applicable Percentage in effect from time to time. Each such notice shall specify the amount of the Holder Advance to which such notice applies (which amount shall be not less than One Million Dollars ($1,000,0000) or any multiple of One Hundred Thousand Dollars ($100,000) in excess thereof) and the first day and duration of the relevant Interest Period and shall be received by Agent before 9:00 a.m. (Pacific time) three Business Days prior to the first day of such Interest Period.
(c) Unless Lessee elects, in accordance with this Agreement, to cause all or any portion of the Holder Advances to bear interest calculated based on the Eurodollar Rate, the Holder Advances will bear interest at a rate per annum equal to the Base Rate. On the last day of each Interest Period, the portion of the Holder Advances bearing interest calculated based on the Eurodollar Rate for such Interest Period shall automatically be converted to paying interest at the Base Rate except to the extent that the Lessee has elected to pay interest on all or any portion of such amount (subject to the minimum and multiple amounts described in the preceding clause (ii)) for a new Interest Period commencing on such day in accordance with this Section 3.7.
(d) Each notice by Lessee under this Section 3.7 shall be irrevocable upon receipt by Agent and Owner Trustee, and Lessee shall indemnify each against any loss, cost or expense (all of which shall be included in the ‘Holder Yield’) incurred by each Holder as a result of any failure to fulfill on or before the date specified by such notice the applicable conditions contained in this Secti...
Holder Yield. The Certificates are amended to amend the “Holder Yield” indicated in the header of such Certificates to read as follows
