Interest and Maturity. The Stated Maturity of the Notes shall be September 15, 2033 and the Notes shall bear interest and have such other terms as are described in the form of Note attached as Annex A to this Seventh Supplemental Indenture.
Interest and Maturity. The Company promises to pay simple interest on the unpaid principal amount from the date hereof until such principal amount is paid in full at the rate of four and 85/100 percent (4.85%) per annum, or such lesser rate as shall be the maximum rate allowable under applicable law. Interest from the date hereof shall be computed on the basis of a 365-day year. Unless converted or prepaid earlier as set forth below, all outstanding principal and accrued and unpaid interest on this Note shall be due and payable on June 1, 2007 (the “Maturity Date”).
Interest and Maturity. The Company promises to pay simple interest on the unpaid principal amount of this Debenture from the date hereof until such principal amount is paid in full at an annual rate of five percent (5.0%), or such lesser rate as shall be the maximum rate allowable under applicable law. Interest from the date hereof shall be computed on the basis of a 365-day year and the actual number of days elapsed and payable in arrears on March 15th, June 15th, September 15th and December 15th of each year. Unless repurchased, prepaid or converted earlier as set forth herein, all outstanding principal and any accrued but unpaid interest on this Debenture shall be due and payable on the date that is one hundred twenty (120) days after a Historic Tax Credit Event (as defined herein) (the “Maturity Date”).
Interest and Maturity. The Company promises to pay interest on the unpaid principal amount from the date hereof until such principal amount is paid in full at the rate of eight percent (8%) per annum; provided, however, that upon the occurrence of and during the continuance of an Event of Default, interest will accrue at the rate of fifteen percent (15%) per annum. Interest from the date hereof shall be computed on the basis of a 360-day year of twelve 30-day months, and shall accrue monthly and at the end of each 12-month anniversary of the date hereof, be added to principal. Unless converted or prepaid earlier as set forth below, all unpaid principal and unpaid accrued interest on this Note shall be due and payable on the earlier of (i) subject to the provisions of the Subordination Agreement (as defined herein) and the occurrence of the “Subordination Termination Date” (under and as defined in the Subordination Agreement), a Change of Control (as defined herein) and (ii) November 30, 2014 (the “Maturity Date”). This Note is entered into pursuant to the terms of that certain Convertible Note Purchase Agreement among the Company, the Holder and the Purchasers listed on Exhibit A thereto, dated as of May 3, 2012 (the “Purchase Agreement”) and is subject to its terms. In the event of any conflict between this Note and the Purchase Agreement, the terms of the Purchase Agreement will control.
Interest and Maturity. The Company promises to pay interest on the unpaid principal amount from and after the date hereof at the option of the Holder, payable monthly, at the rate of (a) nine percent (9%) per annum payable in cash or (b) thirteen percent (13%) per annum payable in common stock of the Company, at an individual Holder’s election, calculated as the interest amount due and owing for the month divided by the average price per share of the Company’s common stock trading on the NASDAQ Capital Market for the last ten trading days of a given calendar month; provided, however, that if such average price per share calculation is less than the closing bid price on the date of this amendment, such closing bid price on the date of this amendment shall be used. Notwithstanding any other provision of the Agreement, an individual Holder shall always be able to personally elect whether he is paid in cash or common stock under this Section 2. For the sake of clarity, notwithstanding anything in either the Agreement or the Note Purchase Agreement, the Holders, collectively, shall not have the ability to amend any agreement to provide that an individual Holder must choose to be repaid in common stock. Put differently, the Holders cannot force an individual Purchaser to convert his note into stock. The Company agrees to make such calculation and submit to the Board of Directors a resolution for the issuance of such shares, and thereafter deliver such resolution with instructions for issuance of the shares to its transfer agent. After an election is made by a Holder, the Holder can change his election upon 30 days prior written notice to the Chief Financial Officer of the Company, and the new interest election shall be effective for the next payment date after the notice was given. Unless prepaid earlier as set forth below, all unpaid principal and unpaid accrued interest on this Note shall be due and payable on March 21, 2012 (the “Maturity Date”). This Note is being issued pursuant to, and it is subject to the terms of the Note Purchase Agreement among the Company, the Holder and the Purchasers attached as Exhibit A thereto, dated as of March 21, 2008 (the “Purchase Agreement”), and the Security Agreement between the Company and the Secured Parties (as defined therein), dated March 21, 2008 (the “Security Agreement”). In the event of any conflict between this Note and the Purchase Agreement, the terms of this Note will control. The assets of the Company defined as “Collateral” in th...
Interest and Maturity. (a) All unpaid principal, together with any accrued but unpaid interest and all other amounts of any kind arising at any time and payable hereunder, shall be due and payable on the date that is five years plus one day from the Date of Original Issue (the “Maturity Date”). Interest on this Convertible Note shall be payable in arrears annually, on December 31. The first payment of interest shall be on December 31, 2016, and shall be calculated from the Date of Original Issue to December 31, 2016.
Interest and Maturity. The Note will be due UPON DEMAND. The outstanding principal balance, while not in default, will bear interest at a rate equal to the so-called "prime rate of interest" published in the Wall Street Journal, and adjusted monthly. Interest will be billed and collected monthly.
Interest and Maturity. Section 2 of the Agreement is hereby deleted in its entirety, and replaced with the following text:
Interest and Maturity. This Note shall bear simple interest on the outstanding principal amount at a rate per annum equal to the then current prime rate of interest, which rate, as of the date hereof, is nine and one-half percent (9 1/2%), as published from time to time in the "Money Rates" section of The Wall Street Journal (or, if the prime rate of interest is no longer published in such publication, the Holder may, in its reasonable discretion, designate an alternative reference rate for calculation of interest under this Note, which rate shall be the substantial equivalent of the prime rate), computed on the basis of a year of 365 days against actual days elapsed. All accrued but unpaid interest at the aforesaid rate shall be due and payable quarterly, commencing on July 3, 2000 and continuing on the first Business Day (as hereinafter defined) of each and every calendar quarter thereafter, until the entire principal balance hereof, together with all accrued but unpaid interest thereon, has been paid in full. The entire principal amount of this Note, together with any accrued but unpaid interest thereon, shall be due and payable on the earlier to occur of (a) November 30, 2000, or (b) the Business Day upon which the Holder shall have acquired all of the issued and outstanding common shares or other equity securities or ownership interests of ACIL (as hereinafter defined) owned by the Company or its subsidiaries or affiliates, or (c) the date upon which the entire indebtedness of the Company under the Credit Agreement (as hereinafter defined) becomes due and payable (the "Maturity Date").
Interest and Maturity. The Company promises to pay interest on the unpaid principal amount from the date hereof until such principal amount is paid in full at the rate of thirteen percent (13%) per annum. Interest from the date hereof shall be computed on the basis of a 365-day year, compounded annually. Unless prepaid earlier as set forth below, all unpaid principal and unpaid accrued interest on this Note shall be due and payable on March 21, 2010 (the “Maturity Date”). This Note is being issued pursuant to, and is subject to the terms of, that certain Note Purchase Agreement among the Company, the Holder and the Purchasers listed on Exhibit A thereto, dated as of March 21, 2008 (the “Purchase Agreement”), and that certain Security Agreement between the Company and the Secured Parties (as defined therein) dated March 21, 2008 (the “Security Agreement”). In the event of any conflict between this Note and the Purchase Agreement, the terms of this Note will control. The assets of the Company defined as “Collateral” in the Security Agreement shall serve as security for repayment of this Note, as further described in the Security Agreement. Terms not otherwise defined herein shall have the meanings given to them in the Purchase Agreement.
