Interest and Default Interest. (a) The Borrower shall pay interest on the unpaid principal amount of each Advance from the Drawdown Date until the principal amount of the Advance is paid in full, payable on each Interest Payment Date for each such Advance. Notwithstanding the preceding sentence of this Section 2.05(a), all interest accrued on any Advance outstanding on the Termination Date shall be paid on the Termination Date. (b) As long as any A Advance shall be outstanding, and payment of the principal thereof and interest thereon shall not be in default, interest on the A Advance shall be payable at an interest rate which shall be adjusted, in advance at the start of the first day of each Interest Period therefor, and which shall be determined as follows: (i) with respect to each Base Rate Advance, the Borrower shall pay interest thereon at the rate of interest determined by the Agent to be the Base Rate for the relevant Interest Period as specified in the related Notice of Borrowing, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one (1) day; (ii) with respect to each LIBOR Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Period, determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) or, if the LIBOR Rate is unavailable for any such period, at the Base Rate: (A) with respect to each Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex notice to be received by the Agent by 11 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month; (B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time by the Agent as follows. Notice of such applicable interest rate shall be delivered by the Agent to the Borrower and the Lenders not later than the second Business Day of each Interest Period. The Borrower shall, not later than three (3) Business Days prior to the commencement of each such successive Interest Period, together with its notice pursuant to subparagraph (A) above, deliver to the Agent all then-current ratings, if any, of the Borrower's Senior Unsecured Debt and Unsecured Subordinated Debt ("Senior Debt" and "Subordinated Debt", respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If the Agent determines that on the last Business Day of an Interest Period (or on the Business Day preceding the Drawdown Date, in the case of the initial LIBOR Rate Advance) the Borrower's Senior Debt was rated
Appears in 1 contract
Interest and Default Interest. The calculation of interest shall accrue on a daily basis, 1 (aone) year shall be 365 (three hundred and sixty-five) days for a credit facility in Thai Baht currency and 1 (one) year shall be 360 (three hundred and sixty) days for a credit facility in other currencies. The Borrower shall pay Customer agrees that the interest on rate to be charged under this Supplement is a rate specified by the unpaid principal amount of each Advance Bank which will be notified, through the System or any other Channel or in any other form determined or acceptable by the Bank, to the Customer in Interest Advice for Trust Receipt from the Drawdown Date time to time until the principal amount of Maturity Date, hereinafter referred to as the Advance is paid in full, payable on each “Interest Payment Date for each such AdvancePeriod”. Notwithstanding Before the preceding sentence of this Section 2.05(a), all interest accrued on any Advance outstanding on the Termination Date shall be paid on the Termination Date.
(b) As long as any A Advance shall be outstanding, and payment of the principal thereof and interest thereon shall not be in default, interest on the A Advance shall be payable at an interest rate which shall be adjusted, in advance at the start of the first day beginning of each Interest Period therefor, and which shall be determined as follows:
(i) with respect to each Base Rate AdvancePeriod, the Borrower shall pay Bank will notify the Customer of the interest thereon at the rate of interest determined by the Agent to be the Base Rate applied for the relevant Interest Period as specified in the related Notice of Borrowing, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one (1) day;
(ii) with respect to each LIBOR Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Period, determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) or, if the LIBOR Rate is unavailable for any such period, at the Base Rate:
(A) with respect to each Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex notice to be received by the Agent by 11 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final next Interest Period for the purpose of interest payment for that Interest Period. The interest for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time by the Agent as follows. Notice of such applicable interest rate shall be delivered by the Agent to the Borrower and the Lenders not later than the second Business Day last day of each Interest Period. The Borrower shallCustomer agrees to pay the principal together with interest on the Maturity Date. The Customer agrees that the interest rate in Interest Advice for Trust Receipt notified by the Bank is the interest rate under this Supplement and without the Customer’s signing in any further documents, the information of such Interest Advice for Trust Receipt shall be a conclusive evidence against the Customer. In the case that the Customer does not later than three (3) Business Days prior to the commencement make payment of each such successive interest for any Interest Period, together the Customer agrees that the debt under the Supplement shall be due and payable immediately, regardless of whether or not the Customer sold the Goods under this Supplement, or whether or not the Maturity Date has reached and the Bank shall be entitled to immediately apply the interest at the Default Interest Rate , deriving from the maximum interest rate actually charged at the time with its notice pursuant to subparagraph an addition of 3 (Athree) abovepercent per annum, deliver which will be notified to the Agent all then-current ratingsCustomer in Interest Advice for Trust Receipt, if anyprovided that such interest rate shall not exceed the rate prescribed by the law (which may later be changed in the future at the time a default or a breach occurs). In the case that Trust Receipt Loan specifies the amount as a foreign currency, after the Bank converts the foreign currency under the Trust Receipt Loan into Thai Baht in accordance to Clause 6 Paragraph 3, the Bank shall be entitled to charge the Default Interest Rate deriving from the maximum interest rate of (1) Market Rate for Thai Baht Loan or (2) Reference Rate for Thai Baht Loan such as MLR/ MOR/ MRR (as the case may be), with an addition of 3 (three) percent per annum which will be notified to the Customer in Interest Advice for Trust Receipt, provided that such interest rate shall not exceed the rate prescribed by the law (which may later be changed in the future at the time a default or a breach occurs). The Default Interest Rate shall be calculated from the date of failure to pay or default until the date of actual payment to the Bank in full. The Customer agrees and acknowledges that the Bank is entitled to immediately announce a change to the interest rate in accordance with the notifications of the Borrower's Senior Unsecured Debt Bank which is notified at its principal office, branch offices and Unsecured Subordinated Debt ("Senior Debt" and "Subordinated Debt", respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If the Agent determines that on the last Business Day of an Interest Period (or on the Business Day preceding the Drawdown Date, in the case website of the initial LIBOR Rate Advance) Bank, or in notifications of the Borrower's Senior Debt was ratedBank of Thailand or notifications of any agencies or as prescribed by laws at that time, provided that such interest rate shall not exceed the rate prescribed by laws. The Customer agrees that the Bank shall be entitled to change such interest rate immediately from the date on which the changed interest rate is effective without requiring any notice to the Customer or consent from the Customer.
Appears in 1 contract
Samples: Trade Service Agreement
Interest and Default Interest. (a) The Borrower shall pay interest on the unpaid principal amount of each Advance from the Drawdown Date until the principal amount of the Advance is paid in full, payable on each Interest Payment Date for each such Advance. The Borrower shall pay interest on the unpaid principal amount of each Term Loan from the Termination Date until the principal amount of each such Term Loan is paid in full, payable on each Interest Payment Date for each such Term Loan. Notwithstanding the two preceding sentence sentences of this Section 2.05(a), (i) all interest accrued on any Advance outstanding on the Termination Date shall be paid on the Termination Date, and (ii) all interest accrued on any Term Loan outstanding on the Term Loan Maturity Date shall be paid on the Term Loan Maturity Date.
(b) As long as any A Advance or Term Loan, as the case may be, shall be outstanding, and payment of the principal thereof and interest thereon shall not be in default, interest on the A Advance or Term Loan, as the case may be, shall be payable at an interest rate which shall be adjusted, in advance at the start of the first day of each Interest Period therefor, and which shall be determined as follows:
(i) with respect to each Base Rate Advance, the Borrower shall pay interest thereon at the rate of interest determined by the Agent to be the Base Rate for the relevant Interest Period as specified in the related Notice of Borrowing, Notice of Term Loan Conversion or Notice of Term Loan Rollover, as the case may be, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing A Borrowing, Notice of Term Loan Conversion or Notice of Term Loan Rollover, as the case may be, as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one (1) day;
(ii) with respect to each LIBOR Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Period, determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) or, if the LIBOR Rate is unavailable for any such period, at the Base Rate:
(A) with respect to each Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex notice to be received by the Agent by 11 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time by the Agent as follows. Notice of such applicable interest rate shall be delivered by the Agent to the Borrower and the Lenders not later than the second Business Day of each Interest Period. The Borrower shall, not later than three (3) Business Days prior to the commencement of each such successive Interest Period, together with its notice pursuant to subparagraph (A) above, deliver to the Agent all then-current ratings, if any, of the Borrower's Senior Unsecured Debt and Unsecured Subordinated Debt ("Senior Debt" and "Subordinated Debt", respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If the Agent determines that on the last Business Day of an Interest Period (or on the Business Day preceding the Drawdown Date, in the case of the initial LIBOR Rate Advance) the Borrower's Senior Debt was rated
Appears in 1 contract
Interest and Default Interest. 6.1 DURATION OF PERIODS The following provisions shall apply to the duration of Interest Periods:
6.1.1 each Interest Period shall be one week in relation to all Advances made on or before the Syndication Date;
6.1.2 each Interest Period shall be one (1), two (2), three (3) or six (6) months as selected by the Borrower (or some other period which has been agreed with the Banks after the Syndication Date or with the Arrangers prior to the Syndication Date);
6.1.3 the first Interest Period for each Advance shall commence on (and including) the date of that Advance and expire on (but excluding) the Interest Payment Date applicable thereto;
6.1.4 an Interest Period which would otherwise end on a day which is not a Business Day shall end on the next succeeding Business Day, unless the result of such extension would be that such Interest Period would end on a day in the next following calendar month, in which event such Interest Period shall end on the last preceding Business Day; and
6.1.5 an Interest Period which would otherwise expire after the Final Repayment Date shall expire on the Final Repayment Date.
6.2 RATE OF INTEREST The rate of interest payable on each Advance for each Interest Period shall be the rate per annum determined by the Facility Agent to be the aggregate of:
6.2.1 for Advances denominated in Euro;
(a) The Borrower shall pay interest on the unpaid principal amount of each Advance from the Drawdown Date until the principal amount of the Advance is paid in fullMargin, payable on each Interest Payment Date for each such Advance. Notwithstanding the preceding sentence of this Section 2.05(a), all interest accrued on any Advance outstanding on the Termination Date shall be paid on the Termination Date.and
(b) As long as any A Advance shall be outstanding, and payment of EURIBOR;
6.2.2 for Advances denominated in the principal thereof and interest thereon shall not be in default, interest on the A Advance shall be payable at an interest rate which shall be adjusted, in advance at the start of the first day of each Interest Period therefor, and which shall be determined as followsAlternative Currency:
(ia) with respect to the Margin; and
(b) LIBOR;
6.2.3 in each Base Rate Advancecase, the Borrower shall pay interest thereon at the rate of interest determined by the Agent to be the Base Rate for the relevant Interest Period as specified in the related Notice of Borrowing, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one (1) day;
(ii) with respect to each LIBOR Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Period, determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) orMandatory Cost, if the LIBOR Rate is unavailable for any such period, at the Base Rate:any.
(A) with respect to each 6.3 CALCULATION/PAYMENT Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex notice to be received by the Agent by 11 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be calculated on the basis of actual days elapsed (not counting within an Interest Period the last day of the that Interest Period for such Advance; provided that if Period) and a year of 360 days, or in each case otherwise as market convention dictates, and shall be paid by the Borrower shall fail to elect an Interest Period as herein providedthe Facility Agent for the account of the Banks, in arrear on the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred Payment Date and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time by the Agent as follows. Notice of such applicable interest rate shall be delivered by the Agent to the Borrower and the Lenders not later than the second Business Day of each Interest Period. The Borrower shall, not later than three (3) Business Days prior to the commencement of each such successive Interest Period, together with its notice pursuant to subparagraph (A) above, deliver to the Agent all then-current ratings, if any, of the Borrower's Senior Unsecured Debt and Unsecured Subordinated Debt ("Senior Debt" and "Subordinated Debt", respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If the Agent determines that on the last Business Day of an Interest Period (or on the Business Day preceding the Drawdown Date, in the case currency of the initial LIBOR Rate that Advance) the Borrower's Senior Debt was rated.
Appears in 1 contract
Samples: 364 Day Multicurrency Revolving Facility Agreement (Bunge LTD)
Interest and Default Interest. (a) The Borrower Borrowers shall pay interest on the unpaid principal amount of each Advance the Loan from the respective Drawdown Date Dates until the principal amount of the Advance is paid in full, payable on each Interest Payment Date for each such AdvanceDate. Notwithstanding the preceding sentence of this Section 2.05(a2.04(a), all interest accrued on any Advance balance of the Loan outstanding on the Termination Maturity Date shall be paid on the Termination Maturity Date.
(b) As long as any A Advance portion of the Loan shall be outstanding, and payment of the principal thereof and interest thereon shall not be in default, interest on the A Advance thereon shall be payable at an interest rate which shall be adjusted, in advance at the start of on the first day of each Interest Period therefor, and which shall be determined as follows:
(i) with respect to each Base Rate Advanceany Advance hereunder, the Borrower Borrowers shall pay interest thereon at the rate of interest determined by the Agent to be one and three fourths of one percent (1.75%) over the Base Rate for the relevant Interest Period as specified in the related Notice of Borrowing, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one (1) dayLIBOR Rate;
(ii) the Agent shall give prompt telefax notice to the Borrowers and the Lenders of any applicable interest rate determined in accordance with respect to each LIBOR Rate Advancethe provisions of this Section 2.04(b);
(c) In the event that the Agent or any Lender does not receive on the due date any sum due under this Agreement or any of the other Loan Documents in accordance with the terms hereof or thereof, the Borrower Borrowers shall pay interest in one or more tranches thereon at an interest rate equal to the sum Agent and such Lenders, as the case may be, on demand, interest on such sum, from and including the due date thereof to but not including the date of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Periodactual payment, at a rate per annum determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) or, if the LIBOR Rate is unavailable for any such period, at the Base Rate:
(A) with respect to each Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex notice to be received by the Agent by 11 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time to be three and three-fourths percent (3.75%) over the LIBOR Rate. Except as otherwise provided in the following subsection (d), any such interest which is not paid when due shall be compounded at the end of each Interest Period (both before and after any notice of demand) by the Agent as follows. Notice on behalf of such applicable interest rate shall be delivered by the Lenders under this Agreement.
(d) Notwithstanding any provision contained in any of the Loan Documents, no Lender nor the Agent shall ever be entitled to receive, collect, or apply, as interest on the Borrower and the Lenders not later than the second Business Day of each Interest Period. The Borrower shallObligations, not later than three (3) Business Days prior to the commencement of each such successive Interest Period, together with its notice pursuant to subparagraph (A) above, deliver to the Agent all then-current ratings, if any, any amount in excess of the Borrower's Senior Unsecured Debt and Unsecured Subordinated Debt ("Senior Debt" and "Subordinated Debt"maximum rate of interest permitted to be charged by applicable law, respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If the Agent determines that on the last Business Day of an Interest Period (or on the Business Day preceding the Drawdown Dateand, in the case event any Lender or the Agent ever receives, collects, or applies as interest, any such excess, such amount which would be excessive interest shall be applied to the reduction of the initial LIBOR Rate AdvanceObligations then outstanding, and, if the Obligations then outstanding are paid in full, any remaining excess shall forthwith be paid to the Borrowers. In determining whether or not the interest paid or payable, under any specific contingency, exceeds the highest lawful rate, the Borrowers and the Lender or the Agent, as the case may be, shall, to the maximum extent permitted under applicable law, (i) characterize any non-principal payment as an expense, fee, or premium rather than as interest, (ii) exclude any voluntary prepayments and the Borrower's Senior Debt was ratedeffects thereof, and (iii) spread the total amount of interest throughout the entire contemplated term of the Loan so that the interest rate is uniform throughout the entire term of the Loan.
Appears in 1 contract
Interest and Default Interest. (a) The Borrower shall pay interest on the unpaid principal amount of each Advance from the Drawdown Date until the principal amount of the Advance is paid in full, payable on each Interest Payment Date for each such Advance. Notwithstanding the preceding sentence of this Section 2.05(a), all interest accrued on any Advance outstanding on the Termination Date shall be paid on the Termination Date.
(b) As long as any A Advance shall be outstanding, and payment of the principal thereof and interest thereon shall not be in default, interest on the A Advance shall be payable at an interest rate which shall be adjusted, in advance at the start of the first day of each Interest Period therefor, and which shall be determined as follows:
(i) with respect to each Base Rate Advance, the Borrower shall pay interest thereon at the rate of interest determined by the Agent to be the Base Rate for the relevant Interest Period as specified in the related Notice of Borrowing, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one (1) day;
(ii) with respect to each LIBOR Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Period, determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) or, if the LIBOR Rate is unavailable for any such period, at the Base Rate:
(A) with respect to each Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex telecopier notice to be received by the Agent by 11 11:00 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six six, and if available, nine or twelve, months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Ten Million Dollars ($20,000,00010,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time by the Agent as follows. Notice of such applicable interest rate shall be delivered by the Agent to the Borrower and the Lenders not later than the second Business Day of each Interest Period. The Borrower shall, not later than three (3) Business Days prior to the commencement of each such successive Interest Period, together with its notice pursuant to subparagraph (A) above, deliver to the Agent all then-current ratings, if any, of the Borrower's Senior Unsecured Debt senior unsecured debt without third party credit enhancement and Unsecured Subordinated Debt unsecured subordinated debt ("Senior Debt" and "Subordinated Debt", respectively) given by Xxxxx'x Mxxxx'x Investors Service Services, Inc. ("Moody's") and by Standard & Poor's Corporation Ratings Services ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If the Agent determines that on the last Business Day of an Interest Period (or on the Business Day preceding the Drawdown Date, in the case of the initial LIBOR Rate Advance) the Borrower's Senior Debt was rated
Appears in 1 contract
Interest and Default Interest. (a) 3.1 The Borrower shall pay interest Conventional MTNs issued on the unpaid principal amount of each Advance from the Drawdown Date until the principal amount of the Advance is paid in full, payable on each Interest Payment Date for each such Advance. Notwithstanding the preceding sentence of this Section 2.05(a), all interest accrued on any Advance outstanding on the Termination Date shall be paid on the Termination Date.
(b) As long as any A Advance shall be outstanding, and payment of the principal thereof and interest thereon shall not be in default, interest on the A Advance shall be payable at an interest rate which bearing basis shall be adjusted, in advance bear interest from and including the Issue Date at the start of the first day of each Interest Period therefor, and which shall be determined as follows:
(i) with respect to each Base Rate Advance, the Borrower shall pay interest thereon at the rate of interest determined by the Agent to be the Base Rate for the relevant Interest Period as specified Rate stated in the related Notice of BorrowingConventional MTNs, provided that if the Borrower shall fail up to elect an Interest Period in its Notice of Borrowing as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one (1) day;
(ii) with respect to each LIBOR Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Period, determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) or, if the LIBOR Rate is unavailable for any such period, at the Base Rate:
(A) with respect to each Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex notice to be received by the Agent by 11 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be excluding the last day of the Interest Period for applicable to such Advance; provided that if Conventional MTNs.
3.2 Subject to Condition 3.3, interest shall be payable by the Borrower shall fail to elect Issuer semi annually in arrears on an Interest Period as herein providedPayment Date, the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time by the Agent as follows. Notice first of such applicable interest rate shall be delivered by period commencing on the Agent to Issue Date. Interest accrues from and including the Borrower and the Lenders not later than the second Business Day first day of each Interest Period, up to but excluding the last day of each Interest Period.
3.3 Interest on the Conventional MTNs which are issued on an interest baring basis shall be calculated on the basis of three hundred and sixty five (365) day year and the actual number of days elapsed. The Borrower shallSuch Conventional MTNs cease to bear interest from and including the date due for their redemption (the “Maturity Date”) unless the Issuer fails to make payment in accordance with the Transaction Documents.
3.4 In the event described in Condition 3.3 or in any other event where the Iss uer defaults in respect of any payment under the Conventional MTNs (whether issued on an interest bearing basis or not), not later than three (3) Business Days prior the Issuer shall pay interest on the amount of the payment so defaulted from the date such payment is due under the Conventional MTNs up to the commencement date of each such successive actual receipt thereof by the Conventional MTNholders (before as well as after judgment) at the date of one per cent (1.0%) per annum above the relevant Interest Period, together with its notice pursuant to subparagraph (A) above, deliver to Rate.
3.5 For the Agent all then-current ratingspurpose of this Condition 3, if anyany payment is not receive d by the Trustee or any person to whom such payment is due within the time stipulated in these Conditions, of any Conventional MTNs, the Borrower's Senior Unsecured Debt and Unsecured Subordinated Debt ("Senior Debt" and "Subordinated Debt", respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period Trust Deed or an officer's certificate that no such ratings were issued. If the Agent determines that any other Transaction Documents on the last Business Day of an Interest Period due date, that payment (or if actually received by the Trustee on the due date) is deemed to be received on the next Business Day preceding the Drawdown Date, in the case of the initial LIBOR Rate Advance) the Borrower's Senior Debt was ratedDay.
Appears in 1 contract
Samples: Trust Deed
Interest and Default Interest. 5.1 The rate of interest payable in respect of the Outstanding Amount shall be the fixed rate of three per centum (3%) per annum and shall be calculated on the basis of a year of 365 days and the actual number of days elapsed; and
5.2 The period of a Drawdown’s existence shall be divided into Interest Periods which, subject to the provisions in the definition thereof or otherwise agreed by the Lender and the Borrower, shall, save for the first Interest Period and the last Interest Period for that Drawdown, each be for twelve (12) months. In respect of each Drawdown:
(a) The Borrower the first Interest Period for that Drawdown shall pay interest be for the period commencing on the unpaid principal amount of each Advance from the Drawdown Date until the principal amount of the Advance is paid in full, payable on each Interest Payment Date for each such Advance. Notwithstanding the preceding sentence of this Section 2.05(a), all interest accrued on any Advance outstanding and expiring on the Termination Date shall be paid on the Termination Date.31st December 2009; and
(b) As long as the last Interest Period for that Drawdown shall end on the Effective Repayment Date for that Drawdown.
5.3 Without in any A Advance shall be outstanding, and payment way limiting or restricting the rights of the principal thereof and interest thereon shall not be Lender specified in defaultthis Agreement, interest on the A Advance shall be payable at an interest rate which shall be adjusted, in advance at the start of the first day of each Interest Period therefor, and which shall be determined as follows:
(i) with respect to each Base Rate Advance, if the Borrower shall default in the payment of any sum or sums becoming due under this Agreement upon the due date or dates for the payment of such sum or sums the Borrower shall, as agreed damages, pay interest thereon to the Lender late payment charges on such sum or sums at the a rate of interest determined of one per centum (1%) per annum above the prevailing base lending rate quoted by Malayan Banking Berhad during the Agent to be period commencing on the Base Rate date such sum or sums become due for payment until the relevant Interest Period as specified in the related Notice date or dates of Borrowingactual payment. Further, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing pay such interest as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one abovementioned within seven (17) day;
(ii) with respect to each LIBOR Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Period, determined days after any demand by the Agent Lender such interest shall be compounded monthly and subject to periodic adjustment, as provided below shall carry further interest at the rate specified in this Section 2.05(b)(ii) or, if the LIBOR Rate is unavailable for any such period, at the Base Rate:
(A) with respect to each Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex notice to be received by the Agent by 11 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time by the Agent as follows. Notice of such applicable interest rate shall be delivered by the Agent to the Borrower and the Lenders not later than the second Business Day of each Interest Period. The Borrower shall, not later than three (3) Business Days prior to the commencement of each such successive Interest Period, together with its notice pursuant to subparagraph (A) above, deliver to the Agent all then-current ratings, if any, of the Borrower's Senior Unsecured Debt and Unsecured Subordinated Debt ("Senior Debt" and "Subordinated Debt", respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If the Agent determines that on the last Business Day of an Interest Period (or on the Business Day preceding the Drawdown Date, in the case of the initial LIBOR Rate Advance) the Borrower's Senior Debt was ratedClause
Appears in 1 contract
Interest and Default Interest. The calculation of interest shall accrue on a daily basis, 1 (aone) year shall be 365 (three hundred and sixty-five) days for a credit facility in Thai Baht currency and 1 (one) year shall be 360 (three hundred and sixty) days for a credit facility in other currencies. The Borrower shall pay Customer agrees that the interest on rate to be charged under this Supplement is a rate specified by the unpaid principal amount of each Advance Bank which will be notified, through the System or any other Channel or in any other form determined or acceptable by the Bank, to the Customer in Interest Advice for Trust Receipt from the Drawdown Date time to time until the principal amount of Maturity Date, hereinafter referred to as the Advance is paid in full, payable on each “Interest Payment Date for each such AdvancePeriod”. Notwithstanding Before the preceding sentence of this Section 2.05(a), all interest accrued on any Advance outstanding on the Termination Date shall be paid on the Termination Date.
(b) As long as any A Advance shall be outstanding, and payment of the principal thereof and interest thereon shall not be in default, interest on the A Advance shall be payable at an interest rate which shall be adjusted, in advance at the start of the first day beginning of each Interest Period therefor, and which shall be determined as follows:
(i) with respect to each Base Rate AdvancePeriod, the Borrower shall pay Bank will notify the Customer of the interest thereon at the rate of interest determined by the Agent to be the Base Rate applied for the relevant Interest Period as specified in the related Notice of Borrowing, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be one (1) day;
(ii) with respect to each LIBOR Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR Rate plus (z) the applicable margin for the relevant Interest Period, determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) or, if the LIBOR Rate is unavailable for any such period, at the Base Rate:
(A) with respect to each Interest Period relating to a LIBOR Rate Advance, the Borrower shall, by telex notice to be received by the Agent by 11 A.M. New York time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one or more but no more than six tranches in total for all outstanding LIBOR Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final next Interest Period for the purpose of interest payment for that Interest Period. The interest for each LIBOR Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be three (3) months, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period shall be adjusted from time to time by the Agent as follows. Notice of such applicable interest rate shall be delivered by the Agent to the Borrower and the Lenders not later than the second Business Day last day of each Interest Period. The Borrower shallCustomer agrees to pay the principal together with interest on the Maturity Date. The Customer agrees that the interest rate in Interest Advice for Trust Receipt notified by the Bank is the interest rate under this Supplement and without the Customer’s signing in any further documents, the information of such Interest Advice for Trust Receipt shall be a conclusive evidence against the Customer. In the case that the Customer does not later than three (3) Business Days prior to the commencement make payment of each such successive interest for any Interest Period, together the Customer agrees that the debt under the Supplement shall be due and payable immediately, regardless of whether or not the Customer sold the Goods under this Supplement, or whether or not the Maturity Date has reached and the Bank shall be entitled to immediately apply the interest at the Default Interest Rate , deriving from the maximum interest rate actually charged at the time with its notice pursuant to subparagraph an addition of 3 (Athree) abovepercent per annum, deliver which will be notified to the Agent all then-current ratingsCustomer in Interest Advice for Trust Receipt, if anyprovided that such interest rate shall not exceed the rate prescribed by the law (which may later be changed in the future at the time a default or a breach occurs). In the case that Trust Receipt Loan specifies the amount as a foreign currency, after the Bank converts the foreign currency under the Trust Receipt Loan into Thai Baht in accordance to Clause 6 Paragraph 3, the Bank shall be entitled to charge the Default Interest Rate deriving from the maximum interest rate of (1) Market Rate for Thai Baht Loan or (2) Reference Rate for Thai Baht Loan such as MLR/ MOR/ MRR (as the case may be), with an addition of 3 (three) percent per annum which will be notified to the Customer in Interest Advice for Trust Receipt, provided that such interest rate shall not exceed the rate prescribed by the law (which may later be changed in the future at the time a default or a breach occurs). The Default Interest Rate shall be calculated from the date of failure to pay or default until the date of actual payment to the Bank in full. The Customer agrees and acknowledges that the Bank is entitled to immediately announce a change to the interest rate in accordance with the notifications of the Borrower's Senior Unsecured Debt Bank which is notified at its principal office, branch offices and Unsecured Subordinated Debt ("Senior Debt" and "Subordinated Debt", respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If the Agent determines that on the last Business Day of an Interest Period (or on the Business Day preceding the Drawdown Date, in the case website of the initial LIBOR Rate Advance) Bank, or in notifications of the Borrower's Senior Debt was ratedBank of Thailand or notifications of any agencies or as prescribed 340EV-v.3.0 by laws at that time, provided that such interest rate shall not exceed the rate prescribed by laws. The Customer agrees that the Bank shall be entitled to change such interest rate immediately from the date on which the changed interest rate is effective without requiring any notice to the Customer or consent from the Customer.
Appears in 1 contract
Samples: Trade Service Agreement
Interest and Default Interest. (a) The Borrower shall pay interest on the unpaid principal amount of each Advance from the its Drawdown Date until the principal amount of the such Advance is paid in full, payable on each Interest Payment Date for each such Advance. Notwithstanding the preceding sentence of this Section 2.05(a2.04(a), all interest accrued on any Advance outstanding on the Termination Maturity Date shall be paid on the Termination Maturity Date.
(b) As long as any A Advance no Event of Default shall have occurred and be outstanding, and payment of the principal thereof and interest thereon shall not be in defaultcontinuing, interest on the A each Advance shall be payable at an interest rate which shall be adjusted, in advance at the start of the first day of each Interest Period therefor, and which shall be determined as follows:
(i) with respect to each Base Rate Advance, the Borrower shall pay interest thereon at the rate of interest determined by the Agent to be the Base Rate for the relevant Interest Period as specified in the related Notice of BorrowingPeriod, provided that if the Borrower shall fail to elect an Interest Period in its Notice of Borrowing as herein provided or if an Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which it may be less than one (1) daymonth;
(ii) with respect to each LIBOR LIBO Rate Advance, the Borrower shall pay interest in one or more tranches thereon at an interest rate equal to the sum of (y) the LIBOR LIBO Rate plus (z) the applicable margin for the relevant Interest Period, determined by the Agent and subject to periodic adjustment, as provided below in this Section 2.05(b)(ii) Margin or, if the LIBOR LIBO Rate is unavailable for any such period, at the Base Rate:Rate until the LIBO Rate may be determined in accordance with the definition thereof.
(A) with respect to each Interest Period relating to a LIBOR LIBO Rate Advance, the Borrower shall, by telex or telefax notice to be received by the Agent by 11 11:00 A.M. New York City time on a Business Day at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration and one duration, or more but no more than six tranches in total such longer period with the consent of the Lenders, for all outstanding LIBOR LIBO Rate Advances, provided no tranche shall be in an amount less than Twenty Million Dollars ($20,000,000); provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each LIBOR LIBO Rate Advance an Interest Period less than one month in duration, so that the maturity date of each such Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be one (1) month, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the Agent shall give prompt telex or telefax notice to the Borrower and the Lenders of the applicable interest rate determined by the Agent for purposes of Section 2.04(b);
(C) If, with respect to any LIBO Rate Advance, the Majority Lenders notify the Agent that the LIBO Rate for any Interest Period for such Advance will not adequately reflect the cost to such Majority Lenders of making, funding or maintaining their respective pro rata share of LIBO Rate Advances for such Interest Period because of a condition or event affecting the London interbank Eurodollar market generally, the Agent shall forthwith so notify the Borrower and the Lenders, whereupon
(1) each LIBO Rate Advance will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Advance, and
(2) the obligation of the Lenders to make, or to convert Advances into, LIBO Rate Advances shall be suspended until the Agent shall notify the Borrower and such Lenders that the circumstances causing such suspension no longer exist.
(iii) with respect to each EURIBO Rate Advance, the Borrower shall pay interest thereon at an interest rate equal to the sum of (y) the EURIBO Rate plus (z) the Margin or, if the EURIBO Rate is unavailable for any such period, at the Base Rate until the EURIBO Rate may be determined in accordance with the terms thereof:
(A) with respect to each Interest Period relating to a EURIBO Rate Advance, the Borrower shall, by telex or telefax notice to be received by the Agent by 11:00 A.M. New York City time at least three (3) Business Days prior to the commencement of each such successive period, elect an Interest Period of one, two, three or six months duration, or such longer period with the consent of the Lenders, for all outstanding EURIBO Rate Advances, provided the Borrower shall select Interest Periods, and if necessary shall select as the final Interest Period for each EURIBO Rate Advance an Interest Period less than one month in duration, so that the maturity date of each Advance shall be the last day of the Interest Period for such Advance; provided that if the Borrower shall fail to elect an Interest Period as herein provided, the relevant Interest Period shall be three one (31) monthsmonth, provided further that so long as any Event of Default has occurred and is continuing, the Agent shall elect the relevant Interest Period, which may be less than one month;
(B) the interest payable on each LIBOR Rate Advance during each successive Interest Period Agent shall be adjusted from time to time by the Agent as follows. Notice of such applicable interest rate shall be delivered by the Agent give prompt telex or telefax notice to the Borrower and the Lenders of the applicable interest rate determined by the Agent for purposes of Section 2.04(b); and
(C) If, with respect to any EURIBO Rate Advance, the Majority Lenders notify the Agent that the EURIBO Rate for any Interest Period for such Advance will not later than adequately reflect the second Business Day cost to such Majority Lenders of making, funding or maintaining their respective pro rata share of EURIBO Rate Advances for such Interest Period because of a condition or event affecting the London interbank Euro currency market generally, the Agent shall forthwith so notify the Borrower and the Lenders, whereupon
(1) each EURIBO Rate Advance will automatically, on the last day of the then existing Interest Period therefor, convert into a Base Rate Advance, and
(2) the obligation of the Lenders to make, or to convert Advances into, EURIBO Rate Advances shall be suspended until the Agent shall notify the Borrower and such Lenders that the circumstances causing such suspension no longer exist.
(c) In the event that the Agent or any Lender does not receive on the due date any sum due under this Agreement or any of the other Loan Documents in accordance with the terms hereof or thereof, the Borrower shall pay to the Agent and such Lenders, as the case may be, on demand, interest on such sum, from and including the due date thereof to but not including the date of actual payment, at a rate per annum determined by the Agent from time to time to be (y) two per cent (2%) over (z) (i) the Base Rate, or (ii) the sum of the Margin plus the LIBO Rate or the EURIBO Rate, as the case may be. Except as otherwise provided in the following subsection (d), any such interest which is not paid when due shall be compounded at the end of each Interest Period. The Borrower shall, not later than three Period (3both before and after any notice of demand) Business Days prior to the commencement of each such successive Interest Period, together with its notice pursuant to subparagraph (A) above, deliver to by the Agent all then-current ratings, if any, on behalf of the Borrower's Senior Unsecured Debt and Unsecured Subordinated Debt Lenders under this Agreement.
("Senior Debt" and "Subordinated Debt"d) Notwithstanding any provision contained in any of the Loan Documents, respectively) given by Xxxxx'x Investors Service ("Moody's") and by Standard & Poor's Corporation ("S & P") during such Interest Period or an officer's certificate that no such ratings were issued. If Lender nor the Agent determines that shall ever be entitled to receive, collect, or apply, as interest on the last Business Day Obligations, any amount in excess of an Interest Period (or on the Business Day preceding the Drawdown Datemaximum rate of interest permitted to be charged by applicable law, and, in the case event any Lender or the Agent ever receives, collects, or applies as interest, any such excess, such amount which would be excessive interest shall be applied to the reduction of the initial LIBOR Rate Advance) Obligations then outstanding, and, if the Obligations then outstanding are paid in full, any remaining excess shall forthwith be paid to the Borrower's Senior Debt was rated. In determining whether or not the interest paid or payable, under any specific contingency, exceeds the highest lawful rate, the Borrower and the Lender or the Agent, as the case may be, shall, to the maximum extent permitted under applicable law, (i) characterize any non-principal payment as an expense, fee, or premium rather than as interest, (ii) exclude any voluntary prepayments and the effects thereof, and (iii) spread the total amount of interest throughout the entire contemplated term of the Obligations so that the interest rate is uniform throughout the entire term of the Obligations.
Appears in 1 contract
Samples: Revolving Credit Agreement (Chiquita Brands International Inc)