Increase in Interest Rate. In the event that:
(i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 60th day following the Closing Date, or
(ii) the Exchange Offer Registration Statement is not declared effective by the SEC on or prior to the 120th day following the Closing Date, or
(iii) the Exchange Offer is not consummated on or prior to the 45th day following the effective date of the Exchange Offer Registration Statement, or
(iv) if required, a Shelf Registration Statement is not filed with the SEC on or prior to (A) the 180th day following the Closing Date or (B) the 60th day after the obligation to file with the SEC a Shelf Registration Statement arises, whichever is later, or
(v) if required, a Shelf Registration Statement is not declared effective on or prior to (a) the 225th day following the Closing Date or (b) the 105th day after an obligation to file with the SEC a Shelf Registration Statement arises, whichever is later, or
(vi) a Shelf Registration Statement is declared effective by the SEC but such Shelf Registration Statement ceases to be effective or such Shelf Registration Statement or the Prospectus included therein ceases to be usable in connection with resales of Registrable Securities for any reason and (A) the aggregate number of days in any consecutive 365-day period for which the Shelf Registration Statement or such Prospectus shall not be effective or usable exceeds 120 days, (B) the Shelf Registration Statement or such Prospectus shall not be effective or usable for more than two periods (regardless of duration) in any consecutive 365-day period or (C) the Shelf Registration Statement or such Prospectus shall not be effective or usable for a period of more than 90 consecutive days, or
(vii) the Exchange Offer Registration Statement is declared effective by the SEC but, if the Exchange Offer Registration Statement is being used in connection with the resale of Exchange Securities as contemplated by Section 3(f) of this Agreement, the Exchange Offer Registration Statement ceases to be effective or the Exchange Offer Registration Statement or the Prospectus included therein ceases to be usable in connection with resales of Exchange Securities for any reason during the 180-day period referred to in Section 3(f)(B) of this Agreement (as such period may be extended pursuant to the last paragraph of Section 3 of this Agreement) and (A) the aggregate number of days in any consecutive 365-day period for which the Exchange Offer ...
Increase in Interest Rate. In the event that (i) the Exchange ------------------------- Offer Registration Statement is not filed with the SEC on or prior to the 45th calendar day after the Closing Date, (ii) the Exchange Offer Registration Statement is not declared effective by the SEC on or prior to the 105th calendar day after the Closing Date or (iii) the Exchange Offer is not consummated or a Shelf Registration Statement is not declared effective by the SEC on or prior to the 180th calendar day after the Closing Date, the interest rate borne by the Debt Securities shall be increased by 0.50% per annum, as liquidated damages, following such 45th day in the case of clause (i) above, such 105th day in the case of clause (ii) above, or such 180th day in the case of clause (iii) above; provided, however, that the aggregate amount of any such increase in such interest rate will in no event exceed 0.50% per annum; and provided, further that if the Exchange Offer Registration Statement is not declared effective by the SEC on or prior to the 105th day following the Closing Date, then Debt Securities owned by Persons who do not comply in all material respects with their obligations under the penultimate paragraph of Section 3 will not be entitled to any such increase in the interest rate for any day after the 180th day following the Closing Date. Upon
(A) the filing of the Exchange Offer Registration Statement after the 45th day described in clause (i) above, (B) the effectiveness of the Exchange Offer Registration Statement after the 105th day described in clause (ii) above or (C) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 180th day described in clause (iii) above, the interest rate borne by the Debt Securities from the date of such filing, effectiveness or consummation (effective immediately preceding such consummation), as the case may be, will be reduced to the original interest rate; provided, however, that the interest rate borne by the Debt Securities will be reduced to the original interest rate only if there is not then continuing a default with respect to any of the events set forth in the immediately preceding sentence causing the interest rate borne by the Debt Securities to increase.
Increase in Interest Rate. In the event that (i) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is filed with the SEC on or prior to the 150th day after the Closing Date, (ii) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is declared effective on or prior to the 210th day after the Closing Date or (iii) neither the Exchange Offer has been consummated nor a Shelf Registration Statement declared effective on or prior to the 240th day after the Closing Date, the interest rate borne by the Initial Securities shall be increased by 0.25% per annum following such 150-day period in the case of clause (i) above, such 210-day period in the case of clause (ii) above, or such 240-day period in the case of clause (iii) above; provided that the aggregate increase in such interest rate will in no event exceed 0.25% per annum. Upon (x) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 150-day period described in clause (i) above, (y) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 210-day period described in clause (ii) above or (z) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 240-day period described in clause (iii) above, the interest rate borne by the Initial Securities from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate.
Increase in Interest Rate. In the event that (i) the Exchange Offer is not consummated on or prior to the 270th calendar day following the Closing Time, (ii) if required, a Shelf Registration Statement with respect to the Registrable Senior Securities is not declared effective on or prior to the 365th calendar day after the day the obligation to file such Shelf Registration Statement arises (or on or before the end of the Request Extension Period, if longer) or (iii) the Election Periods exceed, in the aggregate, 90 days during any 365-day period (each such event referred to in clauses (i), (ii) and (iii) above, a “Registration Default”), the per annum interest rate borne by the Registrable Senior Securities shall be increased by one-quarter of one percent (0.25%) per annum (“Additional Interest”) during which noncompliance continues until all Registration Defaults have been cured. Upon (y) the consummation of the Exchange Offer, or (z) the effectiveness of a Shelf Registration Statement, any accrual of Additional Interest will cease and the interest rate borne by the Senior Securities from the date of such effectiveness or consummation, as the case may be, shall be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii) or (iii) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under clause (i) above shall be payable for any period during which a Shelf Registration is effective.
Increase in Interest Rate. Notwithstanding the definition of Certificate Interest Rate set forth above, if any Class A-R, Class B-R or Class C-R Certificate in this Series is not repaid by its Scheduled Maturity, then, for any Accrual Period commencing on or after such Scheduled Maturity, the Certificate Interest Rate on such Certificate shall be increased by 1.00%.
Increase in Interest Rate. (a) If the Effective Date has not occurred by June 30, 1998, then, in addition to the Holder's other remedies the interest rate under the Note shall be increased to 18% per annum (or, if less, the highest rate permitted by law) until the Effective Date.
Increase in Interest Rate. The interest rate is hereby increased to 6%.
Increase in Interest Rate. In the event that (i) the Exchange ------------------------- Offer Registration Statement is not filed with the Commission on or prior to the 30th calendar day after the Closing Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 120th calendar day after the Closing Date or (iii) the Exchange
Increase in Interest Rate. In the event that no Registration Event has occurred on or prior to the 210th day after the Closing Date, the interest rate per annum payable in respect of the Initial Securities shall be increased by 0.50%, effective from and including such 210th day to but excluding the earlier of (i) the date on which a Registration Event occurs and (ii) the date on which there cease to be any Registrable Securities. In the event that the Shelf Registration Statement (if it is filed), after it is declared effective by the SEC, ceases to be effective at any time during the period specified by Section 2(b)(B) hereof for more than 60 days, whether or not consecutive, during any 12-month period, the interest rate payable in respect of the Initial Securities shall be increased by 0.50% per annum from the 61st day of the applicable 12-month period such Shelf Registration Statement ceases to be effective until such time as the Shelf Registration Statement again becomes effective (or, if earlier, the end of the period specified by Section 2(b)(B) hereof).
Increase in Interest Rate. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 45th day following the date hereof, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 120th day following the date hereof or (iii) the Exchange Offer is not consummated prior to the 150th day following the date hereof or a Shelf Registration Statement with respect to the Registrable Notes is not declared effective on or prior to the 150th day following the date hereof, the interest rate borne by the Notes shall be increased by one-quarter of one percent per annum following such 45-day period in the case of clause (i) above, following such 120-day period in the case of clause (ii) above or following such 150-day period in the case of clause (iii) above, which rate will be increased by an additional one-quarter of one percent per annum for each 90- day period that any additional interest continues to accrue, provided that the aggregate increase in such interest rate will in no event exceed one percent per annum. Upon
