Common use of Increase in Interest Rate Clause in Contracts

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.

Appears in 2 contracts

Samples: Registration Rights Agreement (Viacom Inc.), Registration Rights Agreement (Viacom Inc.)

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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 90th calendar day after the Closing Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar day after the Closing Date, (iii) the Exchange Offer is not consummated on or prior to the 270th 210th calendar day following the Closing TimeDate, or (iiiv) if required, a Shelf Registration Statement with respect to the Registrable Senior Securities is not declared effective on or prior to the 365th 210th calendar day after the day the obligation to file such Shelf Registration Statement arises (or on or before the end of the Request Extension PeriodClosing Date, if longer) or (iiiv) 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) aboveeach, a "Registration Default"), the per annum interest rate borne by the Registrable Senior Securities affected thereby shall be increased by one-quarter of one percent (0.25%) per annum following a Registration Default; provided that the maximum aggregate additional interest with respect to a series may in no event exceed one-quarter of one percent (“Additional Interest”0.25%) during which noncompliance continues until all Registration Defaults have been curedper annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 180-day period described in clause (ii) above, (y) the consummation of the Exchange OfferOffer after the 210-day period described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, any accrual of Additional Interest will cease and after the 210-day period described in clause (iv) above, the interest rate borne by the Senior such series of Registrable Securities from the date of such filing, 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 Registration Default occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under clause (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Appears in 1 contract

Samples: Registration Rights Agreement (Hormel Foods Corp /De/)

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 120th calendar day after the Closing Date or (iii) the Exchange Offer is not consummated or a Notes Shelf Registration Statement required to be filed is not declared effective by the SEC on or prior to the 270th 180th calendar day after the Closing Date, the interest rate borne by the Notes shall be increased by 0.50% per annum, as liquidated damages ("Notes Liquidated Damages"), following the Closing Timeoccurrence of each of such 45th day in the case of clause (i) above, such 120th 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 1.50% per annum; and provided, further that if required, a Shelf the Exchange Offer Registration Statement with respect to the Registrable Senior Securities is not declared effective by the SEC on or prior to the 365th calendar 120th day following the Closing Date, then Notes owned by Persons who do not comply in all material respects with their obligations under the penultimate paragraph of Section 4 will not be entitled to any such increase in the interest rate for any day after the 180th day following the obligation to file such Shelf Closing Date. Upon (A) the filing of the Exchange Offer Registration Statement arises after the 45th day described in clause (or on or before i) above, (B) the end effectiveness of the Request Extension Period, if longer) or (iii) Exchange Offer Registration Statement after the Election Periods exceed, 120th day described in the aggregate, 90 days during any 365-day period (each such event referred to in clauses (i), clause (ii) and above or (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 (yC) the consummation of the Exchange Offer, Offer or (z) the effectiveness of a Notes 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 after the 180th day described in clause (iii) above, the interest rate borne by the Notes 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 Notes will be reduced to the original interest rate only if there is not then continuing a default with respect to any of the Company is otherwise events set forth 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 immediately preceding sentence causing the interest rate shall again be increased pursuant borne by the Notes 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 effectiveincrease.

Appears in 1 contract

Samples: Registration Rights Agreement (Gothic Energy Corp)

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 90th calendar day after the Closing Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 150th calendar day after the Closing Date, (iii) the Exchange Offer is not consummated on or prior to the 270th 200th calendar day following the Closing TimeDate, or (iiiv) if required, a Shelf Registration Statement with respect to the Registrable Senior Securities is not declared effective on or prior to the 365th 200th calendar day after the day the obligation to file such Shelf Registration Statement arises (or on or before the end of the Request Extension PeriodClosing Date, if longer) or (iiiv) 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) aboveeach, a "Registration Default"), the per annum interest rate borne by the Registrable Senior Securities affected thereby shall be increased by one-quarter of one percent (0.25%) per annum following a Registration Default; provided that the maximum aggregate additional interest with respect to a series may in no event exceed one-quarter of one percent (“Additional Interest”0.25%) during which noncompliance continues until all Registration Defaults have been curedper annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 150-day period described in clause (ii) above, (y) the consummation of the Exchange OfferOffer after the 200-day period described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, any accrual of Additional Interest will cease and after the 200-day period described in clause (iv) above, the interest rate borne by the Senior such series of Registrable Securities from the date of such filing, 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 Registration Default occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under clause (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Appears in 1 contract

Samples: Registration Rights Agreement (NCR Corp)

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 calendar day after the Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 90th calendar day after the Issue Date, (iii) the Exchange Offer is not consummated on or prior to the 270th 120th calendar day following after the Closing TimeIssue Date or, (ii) if requiredas the case may be, a Shelf Registration Statement with respect to the Registrable Senior Securities Notes is not declared effective on or prior to the 365th calendar 120th day after the day Issue Date or (iv) the obligation to file such Exchange Offer Registration Statement or the Shelf Registration Statement arises (is declared effective but thereafter ceases to be effective or on or before usable within the end of the Request Extension Period, if longerapplicable period as provided in this Agreement except pursuant to Section 2(d)(ii) or (iii) the Election Periods exceed, in the aggregate, 90 days during any 365-day period (each such event referred to in clauses (i), ) through (ii) and (iiiiv) above, a "Registration Default"), the per annum interest rate borne by the Registrable Senior Securities Company shall be increased by required to pay additional interest in cash on each Interest Payment Date in an amount equal to one-quarter half of one percent (0.250.5%) per annum of the Accreted Value of the Notes, with respect to the first 90-day period following such Registration Default. The amount of such additional interest will increase by an additional one-half of one percent (“Additional Interest”0.5%) during which noncompliance continues per annum for each subsequent 90-day period until all such Registration Defaults have Default has been cured, up to a maximum of one and one-half percent (1.5%) per annum. Such additional interest shall cease to accrue when such Registration Default has been cured. Upon (x) the filing of the Exchange Offer Registration Statement after the 60-day period described in clause (i) above, (y) the effectiveness of the Exchange Offer Registration Statement after the 90-day period described in clause (ii) above or the period during which it ceases to be effective or usable as described in clause (iv) above or (z) the consummation of the Exchange Offer, Offer after the 120-day period or (z) the effectiveness of a Shelf Registration Statement, any accrual of Additional Interest will cease and Statement after the interest rate borne by the Senior Securities from the date of such effectiveness or consummation120-day period, 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 described in clause (iii) above or after the period during which such Shelf Registration Statement ceases to be effective or usable as described in clause (iv) above, and provided that none of the conditions set forth in clauses (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 and (iiv) above shall continues to exist, a Registration Default will be payable for any period during which a Shelf Registration is effectivedeemed to be cured.

Appears in 1 contract

Samples: Registration Rights Agreement (Entertainment Inc)

Increase in Interest Rate. In the event that (i) the Exchange ------------------------- Offer Registration Statement is not consummated filed with the SEC on or prior to the 270th calendar 90th day following the Closing Timedate hereof, (ii) if required, the Exchange Offer Registration Statement is not declared effective on or prior to the 150th day following the date hereof or (iii) the Exchange Offer is not consummated prior to the 180th day following the date hereof or a Shelf Registration Statement with respect to the Registrable Senior Securities Notes is not declared effective on or prior to the 365th calendar 180th day after following the date hereof, cash interest ("Additional Interest") will accrue and become payable at a rate of one-quarter of one percent per annum following such 90-day period in the obligation to file case of clause (i) above, following such Shelf Registration Statement arises 150-day period in the case of clause (ii) above, or on or before following such 180-day period in the end case of the Request Extension Period, if longer) or clause (iii) the Election Periods exceedabove, in the aggregate, 90 days during any 365which 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. Such Additional Interest shall become payable semi-annually on each such event referred to March 1 and September 1, as applicable, following the periods set forth 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 (x) the filing of the Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (y) the effectiveness of the Exchange Offer Registration Statement, after the 150-day period described in clause (ii) above or (z) consummation of the Exchange Offer, or (z) the effectiveness of a the Shelf Registration Statement, any accrual of Additional Interest will cease and as the case may be, after the 180-day period described in clause (iii) above, the interest rate borne by the Senior Securities Notes from the date of such filing, effectiveness or consummation, as the case may be, shall will 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 clauses (i), (ii) or (iii) above occurs, the interest rate shall will again be increased and thereafter reduced 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 effectiveconditions.

Appears in 1 contract

Samples: Registration Rights Agreement (Teligent Inc)

Increase in Interest Rate. In the event that Subject to Section 2(c) above, if (i) any of the Exchange Offer Registration Statements required by Sections 2(a) or (b) of this Agreement to be filed is not consummated filed with the SEC on or prior to the 270th calendar day following the Closing Timedate specified for such filing in this Agreement, (ii) if requiredany of such Registration Statements has not been declared effective by the SEC on or prior to the date specified for such effectiveness in this Agreement (the "Effectiveness Target Date"), a Shelf whether or not the Company has breached any obligation to use its best efforts to cause such Registration Statement with respect to be declared effective, (iii) the Registrable Senior Securities Exchange Offer, if permitted, has not been consummated within 180 days of the Closing Date or (iv) any Registration Statement required by Sections 2(a) or (b) of this Agreement to be filed is not filed and declared effective but shall thereafter cease to be effective or fail to be usable for its intended purpose without being succeeded immediately by a post-effective amendment to such Registration Statement that cures such failure and that is itself 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 Effectiveness Target Date (each such event referred to in clauses (i) through (iv), (ii) and (iii) above, a "Notes Registration Default"), then from and after occurrence of such Notes Registration Default, the per annum annual interest rate borne by the Registrable Senior Securities shall be increased Notes for any period during the continuance of such Notes Registration Default will increase by one-quarter of one percent (0.25%) 0.5% per annum (“Additional Interest”) during which noncompliance annum; provided, however, that if a Notes Registration Default has occurred and it continues until all Registration Defaults have been cured. Upon (y) for 180 days, then from and after that date, the consummation of the Exchange Offer, or (z) the effectiveness of a Shelf Registration Statement, any accrual of Additional Interest will cease and the annual interest rate borne by the Senior Securities from Registrable Notes for any such period during the date continuance 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 paragraphNotes Registration Default will increase by an additional 0.5% per annum; provided, however, that, if after that the aggregate amount of any such reduction increase in such interest raterate will in no event exceed 1.0% per annum. All accrued Additional Interest shall be paid by the Company on each Interest Payment Date following the accrual thereof, a different event specified in clause (i), (ii) or (iii) above occursthe same manner as provided in the Indenture and the Notes for the payment of interest on the Notes. Following the cure of all Notes Registration Defaults relating to any particular Registrable Notes, the interest rate accrual of Additional Interest with respect to such Registrable Notes shall again be increased pursuant to cease. All obligations of the foregoing provisions. No increase Company set forth in the rate under clause (i) above this paragraph that are outstanding with respect to any Registrable Notes at the time such security ceases to be a Registrable Note shall be payable for any period during which a Shelf Registration is effectivesurvive until such time as all such obligations with respect to such security shall have been satisfied in full.

Appears in 1 contract

Samples: Registration Rights Agreement (Piccadilly Cafeterias Inc)

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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 day following the Closing Time, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 120th day following the Closing Time or (iii) the Exchange Offer is not consummated on or prior to the 270th calendar 150th day following the Closing Time, (ii) if required, Time or a Shelf Registration Statement with respect to the Registrable Senior Securities is not declared effective on or prior to the 365th calendar 150th day after following 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”)Closing Time, the per annum interest rate borne by the Registrable Senior Securities shall be increased by one-quarter half of one percent (0.250.5%) per annum following such 30-day period in the case of clause (“Additional Interest”i) during 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 noncompliance rate will be increased by an additional one half of one percent (0.5%) per annum for each 30-day period that any additional interest continues until all Registration Defaults have been curedto accrue, provided that the aggregate increase in such interest rate will in no event exceed one percent (1.0%) per annum. Upon (x) the filing of the Exchange Offer Registration Statement after the 30-day period described in clause (i) above, (y) the effectiveness of the Exchange Offer Registration Statement, after the 120-day period described in clause (ii) above or (z) consummation of the Exchange Offer, or (z) the effectiveness of a the Shelf Registration Statement, any accrual of Additional Interest will cease and as the case may be, after the 150-day period described in clause (iii) above, the interest rate borne by the Senior Securities from the date of such filing, effectiveness or consummation, as the case may be, shall will be reduced to the original interest rate if the Company Trust is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause clauses (i), (ii) or (iii) above occurs, the interest rate shall will again be increased and thereafter reduced pursuant to the foregoing conditions. If the Trust issues a notice that Shelf Registration Statement is unusable pending the announcement of a material corporate transaction or otherwise pursuant to Section 3(k) hereof, or such a notice is required under applicable securities laws to be issued by the Trust, and the aggregate number of days in any consecutive twelve-month period for which all such notices are issued or required to be issued exceeds 30 days per occurrence or more than 90 days in the aggregate; then the interest rate borne by the Securities will be increased by one-half of one percent (0.5%) per annum following the date that Such Shelf Registration Statement ceases to be usable beyond the period permitted above, which rate shall be increased by an additional one-half of one percent per annum (0.5%) for each subsequent 30-day period that such additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one percent (1.0%). Upon the Trust declaring that the Shelf Registration Statement is usable after the interest rate has been increased pursuant to the preceding sentence, the interest rate borne by the Securities will be reduced to the original interest rate if the Trust is otherwise in compliance with this paragraph; provided, however, that if after any such reduction in interest rate the Shelf Registration Statement again ceases to be usable beyond the period permitted above, the interest rate will again be increased and thereafter reduced pursuant to the foregoing provisionsconditions. No Notwithstanding the foregoing, in the case of a Shelf Registration, the Securities of any Holder that are excluded from such Shelf Registration pursuant to the terms of the second to last paragraph of Section 3 below shall not bear an increase in interest rate described in the rate under clause (i) above shall be payable foregoing paragraph with respect to such Shelf Registration Statement for any period of time during which a which, and only during which, such Securities are excluded from such Shelf Registration is effectiveRegistration.

Appears in 1 contract

Samples: Registration Rights Agreement (Saul B F Real Estate Investment Trust)

Increase in Interest Rate. In The Indenture provides that in the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 150th calendar day after the Closing Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 210th calendar day after the Closing Date, (iii) the Exchange Offer is not consummated on or prior to the 270th 240th calendar day following the Closing TimeDate, or (iiiv) if required, a Shelf Registration Statement with respect to the Registrable Senior Securities is not filed with the SEC on or prior to the 210th calendar day after the Closing Date or the 30th calendar day after such filing obligation arises (whichever is later) or is not declared effective on or prior to the 365th 240th calendar day after the day the obligation to file such Shelf Registration Statement arises Closing Date (or on or before the end within 60 calendar days of the Request Extension Perioda request by any Initial Purchaser), if longer) or (iiiv) the Election Periods exceed, in the aggregate, 90 days during any 365-365 day period (each such event referred to in clauses (i), (ii) and (iii) aboveeach, a "Registration Default"), the per annum interest rate borne by the Registrable Senior Securities affected thereby shall be increased by one-quarter of one percent (0.25%) per annum following a Registration Default; provided that the maximum aggregate additional interest with respect to a series of Registrable Securities may in no event exceed one-quarter of one percent (“Additional Interest”0.25%) during which noncompliance continues until all Registration Defaults have been curedper annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 150 day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 210-day period described in clause (ii) above, (y) the consummation of the Exchange OfferOffer after the 240-day period described in clause (iii) above, or (z) the filing or effectiveness of a Shelf Registration StatementStatement after the applicable period described in clause (iv) above, any accrual of Additional Interest will cease and the interest rate borne by the Senior such series of Registrable Securities from the date of such filing, effectiveness or consummation, as the case may be, shall be reduced to the original interest rate if the Company is and the Guarantor are 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 Registration Default occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under clause (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Appears in 1 contract

Samples: Registration Rights Agreement (Delhaize America Inc)

Increase in Interest Rate. In the event that (i) the Notes Exchange Offer Registration Statement is not consummated filed with the SEC on or prior to the 270th calendar 90th day following the Closing TimeOriginal Issue Date,(ii) the Notes Exchange Offer Registration Statement (or, (ii) if requiredapplicable, a the Notes Shelf Registration Statement with respect to Statement) has not become effective within 120 days following 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 PeriodOriginal Issue Date, if longer) or (iii) the Election Periods exceed, in expiration of the aggregate, 90 Notes Exchange Offer has not occurred within 45 days during after the effective date of the Notes Exchange Offer Registration Statement or (iv) any 365-day period Registration Statement required by this Agreement is filed and declared effective but shall thereafter cease to be effective (each except as specifically permitted herein) without being succeeded immediately by an additional Registration Statement filed and declared effective (any such event referred to in clauses (i), ) through (ii) and (iiiiv) above, a "Registration Default;" PROVIDED that no more than one Registration Default shall be deemed in effect at any one time), the per annum interest rate borne by the Registrable Senior Securities Notes shall be increased by one-quarter half of one percent (0.250.5%) per annum (“Additional Interest”) during which noncompliance continues until all Registration Defaults have been cured. Upon (y) for the consummation period from the occurrence of the Exchange OfferRegistration Default until such time as no Registration Default is in effect, PROVIDED, that if a different event specified in clause (i), (ii), (iii) or (iv) above occurs the interest rate will again be increased as pursuant to the foregoing provisions . Such additional interest (the "Special Interest") shall be payable in cash semiannually in arrears on each May 15 and November 15. For each 90-day period that the Registration Default continues, the per annum rate of such Special Interest shall increase by an additional one-half of one percent (0.5%), PROVIDED that such rate shall in no event exceed two percent (2.0%) per annum in the aggregate. If the Company issues a notice that the Notes Shelf Registration Statement is unusable pending the announcement of a material corporate transaction or otherwise pursuant to Section 3(k) hereof, or (z) such a notice is required under applicable securities laws to be issued by the effectiveness Company, and the aggregate number of a Shelf Registration Statementdays in any consecutive twelve-month period for which all such notices are issued or required to be issued exceeds 30 days in the aggregate, any accrual of Additional Interest will cease and then the interest rate borne by the Senior Securities from Notes will be increased by one-half of one percent per annum following the date that such Notes Shelf Registration Statement ceases to be usable beyond the 30-day period permitted above, which rate shall be increased by an additional one-half of one percent per annum for each additional 90-day period that such effectiveness or consummationNotes Shelf Registration Statement continues to be unusable; PROVIDED that the aggregate increase in such annual interest rate may in no event exceed two percent (2.0%). Upon the Company declaring that the Notes Shelf Registration Statement is usable after the interest rate has been increased pursuant to the preceding sentence, as the case may be, shall interest rate borne by the Notes will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; providedPROVIDED, howeverHOWEVER, that, that if after any such reduction in interest rate, a different event specified in clause (i), (ii) or (iii) above occursrate the Notes Shelf Registration Statement again ceases to be usable beyond the period permitted above, the interest rate shall will again be increased and thereafter reduced 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.

Appears in 1 contract

Samples: Notes Exchange and Registration Rights Agreement (Rural Cellular Corp)

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