Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the Loans. The amount of any Interest Deficit relating to a Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.8. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.8) shall be canceled and not paid.
Appears in 2 contracts
Samples: Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/), Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order so that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the Loans. The amount of any Interest Deficit relating to a particular Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.82. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.82) shall be canceled and not paid.
Appears in 2 contracts
Samples: Credit, Security, Guaranty and Pledge Agreement (First Look Studios Inc), Guaranty and Pledge Agreement (Overseas Filmgroup Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "“Interest Deficit"”) will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the Loans. The amount of any Interest Deficit relating to a Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans under the relevant Facility at that time outstanding pursuant to Section 2.12(a2.8(a) hereof and a termination of the Commitments under or Section 2.82.8(b). The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.8(a) or Section 2.8(b) hereof and a termination of the Revolving Credit Commitments under Section 2.82.10) shall be canceled and not paid.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Lions Gate Entertainment Corp /Cn/), Credit and Guarantee Agreement (Lions Gate Entertainment Corp /Cn/)
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the applicable interest payments to that Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note note evidencing such Loan in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit AgreementFacility Termination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to such Loan and under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty premium and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans within the applicable Tranche at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.10 hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans within the applicable Tranche at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.10 hereof) shall be canceled and not paid.
Appears in 2 contracts
Samples: Guaranty and Pledge Agreement (Genesis Health Ventures Inc /Pa), Genesis Healthcare Corp
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any LoanLaw, the applicable interest payments to that Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note note evidencing such Loan in an amount less than the amount otherwise provided hereunderhereunder or thereunder, such deficit (hereinafter called the "“Interest Deficit"”) will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit AgreementFacility Termination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to such Loan and under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty premium and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders Lender of all the Loans within the applicable Tranche at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.81.8 hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans within the applicable Tranche at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.81.8 hereof) shall be canceled and not paid.
Appears in 2 contracts
Samples: Credit and Security Agreement (Franks Nursery & Crafts Inc), Credit and Security Agreement (Franks Nursery & Crafts Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers Borrower to a Lender or the Issuing Bank of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect Maximum Amount applicable to any Loan, the interest payments to that Lender or the Issuing Bank shall be reduced to the extent necessary in order so that such Lender or the Issuing Bank shall not receive interest in excess of such maximum amountMaximum Amount. If, as a result of the foregoing, a Lender or the Issuing Bank shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender or the Issuing Bank hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansMaximum Amount. The amount of any Interest Deficit relating to a particular Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 2 contracts
Samples: Security and Pledge Agreement (Gci Inc), Credit, Guaranty, Security and Pledge Agreement (Gci Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any LoanLaw, the interest payments to that Lender shall be reduced to the extent necessary in order so that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "“Interest Deficit"”) will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a particular Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.11(a) hereof and a termination of the Commitments under Section 2.8. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled cancelled and not paid.
Appears in 1 contract
Samples: Credit, Security, Guaranty and Pledge Agreement (Crown Media Holdings Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the applicable interest payments to that such Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note any note evidencing such Loan in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the ---------------- fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit AgreementLoan Obligations are paid in full and the Commitments hereunder have expired or been terminated (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder and with respect to such Loan or under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans of the applicable type at that time outstanding pursuant to Section 2.12(a2.7(b) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans of the applicable type at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.7(b) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Ventas Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any LoanLaw, the applicable interest payments to that Lender in connection with the applicable Loan or other obligation shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or other obligation or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Bank Credit AgreementTermination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to the applicable Loan or other obligation and under a any Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan or other obligation and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan or other obligation and any Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Intercreditor Agreement (Wiltel Communications Group Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the applicable interest payments to that Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note note evidencing such Loan in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Bank Credit AgreementTermination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to such Loan and under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans within the applicable tranche at that time outstanding pursuant to Section 2.12(a2.8(b) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans within the applicable tranche at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.8(b) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the Loans. The amount of any Interest Deficit relating to a Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.11(a) hereof and a termination of the Commitments under Section 2.8. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.11(a) hereof and a termination of the Commitments under Section 2.8) shall be canceled and not paid.
Appears in 1 contract
Samples: Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order so that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to the Loans. The amount of any Interest Deficit relating to a particular Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Fiber Exchange Agreement (General Communication Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the applicable interest payments to that such Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note any note evidencing such Loan in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "“Interest Deficit"”) will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit AgreementLoan Obligations are paid in full and the Commitments hereunder have expired or been terminated (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder and with respect to such Loan or under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans of the applicable type at that time outstanding pursuant to Section 2.12(a2.7(b) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans of the applicable type at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.7(b) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Agreement (Ventas Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers to a Group Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any Loan, the interest payments to that Group Lender shall be reduced to the extent necessary in order that such Group Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Group Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "“Interest Deficit"”) will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Group Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Group Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the Loans. The amount of any Interest Deficit relating to a Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers to the Group Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.9. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.9) shall be canceled and not paid.
Appears in 1 contract
Samples: Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the applicable interest payments to that Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note note evidencing such Loan in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit AgreementFacility Termination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to such Loan and under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty premium and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans within the applicable Tranche at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.9 hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans within the applicable Tranche at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.9 hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Genesis Healthcare Corp
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the applicable interest payments to that Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note note evidencing such Loan in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit AgreementFacility Termination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to such Loan and under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty premium and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.8 hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.7 hereof) shall be canceled and not paid.
Appears in 1 contract
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order so that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest DeficitINTEREST DEFICIT") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to the Loans. The amount of any Interest Deficit relating to a particular Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any LoanLaw, the applicable interest payments to that Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note note evidencing such Loan in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit AgreementFacility Termination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to such Loan and under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty premium and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans within the applicable Tranche at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.82.10 hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans within the applicable Tranche at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.8) shall be canceled and not paid.time
Appears in 1 contract
Samples: Credit Agreement (Oneida LTD)
Interest Adjustments. If the provisions of this Credit Agreement or any Note the Notes would at any time require payment by the Borrowers Borrower to a any Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loanthe Loans, the interest payments to that such Lender shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall the Lenders not receive interest in excess of such maximum amount. IfTo the extent that, as a result of pursuant to the foregoingforegoing sentence, a Lender the Lenders shall receive interest payments hereunder or under a Note the Notes in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, will cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender the Lenders hereunder and under a Note the Notes for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender the Lenders to receive interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to the Loans. The amount of any the Interest Deficit relating to a Loan the Loans and any Note the Notes shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that the time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any the Interest Deficit relating to a particular Loan the Loans and Note the Notes at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.8)) shall be canceled cancelled and not paid.
Appears in 1 contract
Samples: Pledge Agreement (Actava Group Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers a Borrower to a Lender Bank of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the interest payments to that Lender Bank shall be reduced to the extent and in such a manner as is necessary in order that such Lender Bank shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender Bank shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Lawapplicable law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender Bank hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender Bank to receive interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to the Loans. The amount of any Interest Deficit relating to a Loan and any a Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Lawapplicable law, be paid in full at the time of any optional voluntary prepayment by the Borrowers to the Lenders Banks of all the Loans at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.83.01 hereof. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional a voluntary prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.83.01 hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Morris Material Handling Inc
Interest Adjustments. If the provisions of this Credit Agreement or any Note hereunder would at any time require payment by the Borrowers a Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any LoanLaw, the applicable interest payments to that Lender in connection with the applicable Loan or other obligation shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or other obligation or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Bank Credit AgreementTermination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to the applicable Loan or other obligation and under a any Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan or other obligation and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.11(c) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan or other obligation and any Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.11(c) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the Loans. The amount of any Interest Deficit relating to a Loan and any the Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.82.6. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.82.6) shall be canceled and not paid.
Appears in 1 contract
Samples: Harvey Entertainment Co
Interest Adjustments. If the provisions of this Credit -------------------- Agreement or any Note would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order so that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, ---------------- cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to the Loans. The amount of any Interest Deficit relating to a particular Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Artisan Entertainment Inc)
Interest Adjustments. If the provisions of this -------------------- Credit Agreement or any Note would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order so that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent ---------------- permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect the law applicable to the Loans. The amount of any Interest Deficit relating to a particular Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.8hereof. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Intercreditor Agreement (Artisan Entertainment Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers any Credit Party to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any Loan, the interest payments to that Lender shall be reduced to the extent necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "“Interest Deficit"”) will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the Loans. The amount of any Interest Deficit relating to a Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers applicable Credit Party to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.9(a) hereof and upon a termination of the Commitments under Section 2.82.6. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.9(a) hereof and a termination of the Commitments under Section 2.82.6) shall be canceled and not paid.
Appears in 1 contract
Samples: Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)
Interest Adjustments. If the provisions of this Credit Agreement or any Note note evidencing any of the Loans hereunder would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any LoanLaw, the applicable interest payments to that Lender in connection with such Loan shall be reduced to the extent and in such a manner as is necessary in order that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder with respect to a Loan or under a Note note evidencing such Loan in an amount less than the amount otherwise provided hereunderhereunder or thereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit AgreementFacility Termination Date (except to the extent paid pursuant to the immediately succeeding sentence). Interest otherwise payable to a Lender hereunder with respect to such Loan and under a Note any note evidencing such Loan for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a any Loan and any Note note evidencing such Loan shall be treated as a prepayment penalty premium and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders Lender of all the Loans within the applicable Tranche at that time outstanding pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.81.8 hereof. The amount of any Interest Deficit relating to a particular Loan and Note any note at the time of any complete payment of the Loans within the applicable Tranche at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a) hereof and a termination of the Commitments under Section 2.81.8 hereof) shall be canceled and not paid.
Appears in 1 contract
Samples: Credit and Security Agreement (Franks Nursery & Crafts Inc)
Interest Adjustments. If the provisions of this Credit Agreement or any Note would at any time require payment by the Borrowers Borrower to a Lender of any amount of interest in excess of the maximum amount then permitted by Applicable Law with respect to any LoanLaw, the interest payments to that Lender shall be reduced to the extent necessary in order so that such Lender shall not receive interest in excess of such maximum amount. If, as a result of the foregoing, a Lender shall receive interest payments hereunder or under a Note in an amount less than the amount otherwise provided hereunder, such deficit (hereinafter called the "Interest Deficit") will, to the fullest extent permitted by Applicable Law, cumulate and will be carried forward (without interest) until the termination of this Credit Agreement. Interest otherwise payable to a Lender hereunder and under a Note for any subsequent period shall be increased by the maximum amount of the Interest Deficit that may be so added without causing such Lender to receive interest in excess of the maximum amount then permitted by Applicable Law with respect to the LoansLaw. The amount of any Interest Deficit relating to a particular Loan and any Note shall be treated as a prepayment penalty and shall, to the fullest extent permitted by Applicable Law, be paid in full at the time of any optional prepayment by the Borrowers Borrower to the Lenders of all the Loans at that time outstanding pursuant to Section 2.12(a2.11(a) hereof and a termination of the Commitments under Section 2.8. The amount of any Interest Deficit relating to a particular Loan and Note at the time of any complete payment of the Loans at that time outstanding (other than an optional prepayment thereof pursuant to Section 2.12(a2.10(a) hereof and a termination of the Commitments under Section 2.8hereof) shall be canceled cancelled and not paid.
Appears in 1 contract
Samples: Guaranty and Pledge Agreement (Crown Media Holdings Inc)