Common use of INTEREST AND OTHER CHARGES Clause in Contracts

INTEREST AND OTHER CHARGES. (a) The Trust shall pay Bank interest, in arrears, on the principal amount of each Loan from the date on which such Loan is made pursuant to Section 2 above until such Loan is due under this Agreement, at a rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus one percent (100 basis points). (b) All interest payable under this Agreement shall be calculated by Bank, on the basis of a 360-day year and for the actual number of days elapsed. Interest accrued on a Loan pursuant to Section 5(a) above shall be payable by the Trust (i) monthly on the 10th day of the calendar month next succeeding the calendar month in which such Interest Period ended (or, if such 10th day is not a Business Day, on the next succeeding Business Day), (ii) upon repayment of such Loan in full, and (iii) as otherwise provided in this Agreement. For purposes of computing interest, a Loan shall be deemed to be outstanding on the day that it is made, but not on the day that it is repaid. (c) The Trust shall pay Bank interest on any amount not paid by the Trust when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus two percent (200 basis points). Such interest shall be payable on demand made by Bank from time to time. (d) Each determination of an interest rate by Bank pursuant to this Agreement shall be conclusive and binding on the Trust in the absence of manifest error. (e) In no event whatsoever shall the interest rate and other charges charged hereunder exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines, in a final determination, that Bank has received interest and other charges hereunder in excess of such highest rate, Bank shall promptly refund such excess amount to the Trust, and the provisions hereof shall be deemed amended to provide for such permissible rate.

INTEREST AND OTHER CHARGES. (a) The Trust Borrower shall pay Bank interest, in arrears, on the principal amount of each Loan from the date on which such Loan is made pursuant to Section 2 above until such Loan is due under this Agreement, at a rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus one percent (100 basis points). (b) All interest payable under this Agreement shall be calculated by Bank, on the basis of a 360-day year and for the actual number of days elapsed. Interest accrued on a Loan that pursuant to Section 5(a) above has accrued on a Loan during an Interest Period shall be payable by the Trust (i) monthly on the 10th day of the calendar month next succeeding the calendar month in which such Interest Period ended (or, or if such 10th day is not a Business Day, on the next succeeding Business Day), (ii) upon repayment of such Loan in full, and (iii) as otherwise provided in this Agreement. For purposes of computing interest, a Loan shall be deemed to be outstanding on the day that it is made, but not on the day that it is repaid. (c) The Trust Borrower shall pay Bank interest on any amount not paid by the Trust Borrower when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus two percent (200 basis points). Such interest shall be payable on demand made by Bank from time to time. (d) Each determination of an interest rate by Bank pursuant to this Agreement shall be conclusive and binding on the Trust Borrower in the absence of manifest error. (e) In no event whatsoever shall the interest rate and other charges charged hereunder exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines, in a final determination, that Bank has received interest and other charges hereunder in excess of such highest rate, Bank shall promptly refund such excess amount to the TrustBorrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

INTEREST AND OTHER CHARGES. (a) The Trust Applicant shall pay Bank interest, in arrears, on the principal outstanding amount of each Loan Advance from the date on which such Loan Advance is made pursuant to Section 2 above under the Letter of Credit until such Loan Advance is due under this Agreement, at a fluctuating rate per annum during equal at all times to the Prime Rate in effect from time to time, with each Interest Period equal change in such fluctuating interest rate to 30-day LIBOR on take effect simultaneously with the Interest Commencement Date of such Interest Period plus one percent (100 basis points)corresponding change in the Prime Rate. (b) Applicant shall pay Bank interest on any amount not paid by Applicant when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum equal at all times to the Prime Rate in effect from time to time plus two percent (200 basis points), with each change in such fluctuating interest rate to take effect simultaneously with the corresponding change in the Prime Rate. (c) All interest payable under this Agreement shall be calculated by Bank, on the basis of a 360-day year and for the actual number of days elapsed. Interest accrued on a Loan an Advance pursuant to Section 5(a3(a) above shall be payable by the Trust (i) monthly on the 10th day of the calendar each month next succeeding the calendar month in which such Interest Period ended (or, if such the 10th day is not a Business Day, on the next succeeding Business Day), (ii) upon repayment of such Loan Advance in full, and (iii) as otherwise provided in this Agreement. For purposes of computing interest, a Loan shall be deemed Interest accrued on an Advance pursuant to be outstanding on the day that it is made, but not on the day that it is repaid. (cSection 3(b) The Trust shall pay Bank interest on any amount not paid by the Trust when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus two percent (200 basis points). Such interest above shall be payable on demand made by Bank from time to time. (d) Each determination of an interest rate by Bank pursuant to this Agreement shall be conclusive and binding on the Trust Applicant in the absence of manifest error. (e) In no event whatsoever shall the interest rate and other charges charged hereunder exceed the highest rate permissible under any law which a court of competent jurisdiction shalljurisdiction, in a final determination, deem deems applicable hereto. In the event that such a court of competent jurisdiction determines, in a final determination, that Bank has received interest and other charges hereunder in excess of such highest rate, Bank shall promptly refund such excess amount to the TrustApplicant, and the provisions hereof shall be deemed amended to provide for such permissible rate.

INTEREST AND OTHER CHARGES. (a) The Trust Borrower shall pay Bank interest, in arrears, interest on the principal amount of each Loan from the date on which such Loan is made pursuant to Section 2 above until (but not including) the date such Loan is due under this Agreement, at a rate per annum during each Interest Period equal to 3090-day LIBOR on the Interest Commencement Date of such Interest Period Period, plus one two percent (100 200 basis points). (b) All . Such interest payable under this Agreement shall be calculated by Bank, on the basis of a 360-day year and for the actual number of days elapsed. Interest accrued on a Loan pursuant to Section 5(a) above shall be payable by the Trust (i) monthly in arrears on the 10th day of the calendar each month next succeeding the calendar month in which such Interest Period ended (or, if such the 10th day is not a Business Day, on the next succeeding Business Day), (ii) upon repayment of such Loan in full, and (iii) as otherwise provided in this Agreement. For purposes of computing interest, a Loan shall be deemed to be outstanding on the day that it is made, but not on the day that it is repaid. (cb) The Trust Borrower shall pay Bank interest on any amount not paid by the Trust Borrower when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum during each Interest Period equal to 3090-day LIBOR on the Interest Commencement Date of such Interest Period Period, plus two four percent (200 400 basis points). Such interest shall be payable on demand made by Bank from time to time. (dc) Interest payable hereunder shall be calculated by Bank on the basis of a 360-day year and for the actual number of days elapsed. Each determination of an interest rate by Bank pursuant to this Agreement shall be conclusive and binding on the Trust Borrower in the absence of manifest or demonstrable error. (ed) In no event whatsoever shall the interest rate and other charges charged hereunder exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto. In the event that such a court determines, in a final determination, that Bank has received interest and other charges hereunder in excess of such highest rate, Bank shall promptly refund such excess amount to the TrustBorrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

INTEREST AND OTHER CHARGES. (a) The Trust Applicant shall pay Bank interest, in arrearsan-ears, on the principal outstanding amount of each Loan Advance from the date on which such Loan Advance is made pursuant to Section 2 above under the Letter of Credit until such Loan Advance is due under this Agreement, at a fluctuating rate per annum during equal at all times to the Prime Rate in effect from time to time, with each Interest Period equal change in such fluctuating interest rate to 30-day LIBOR on take effect simultaneously with the Interest Commencement Date of such Interest Period plus one percent (100 basis points)corresponding change in the Prime Rate. (b) Applicant shall pay Bank interest on any amount not paid by Applicant when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum equal at all times to the Prime Rate in effect from time to time plus two percent (200 basis points), with each change in such fluctuating interest rate to take effect simultaneously with the corresponding change in the Prime Rate. (c) All interest payable under this Agreement shall be calculated by Bank, on the basis of a 360-day year and for the actual number of days elapsed. Interest accrued on a Loan an Advance pursuant to Section 5(a3(a) above shall be payable by the Trust (i) monthly on the 10th day of the calendar each month next succeeding the calendar month in which such Interest Period ended (or, if such the 10th day is not a Business Day, on the next succeeding Business Day), (ii) upon repayment of such Loan Advance in full, and (iii) as otherwise provided in this Agreement. For purposes of computing interest, a Loan shall be deemed Interest accrued on an Advance pursuant to be outstanding on the day that it is made, but not on the day that it is repaid. (cSection 3(b) The Trust shall pay Bank interest on any amount not paid by the Trust when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus two percent (200 basis points). Such interest above shall be payable on demand made by Bank from time to time. (d) Each determination of an interest rate by Bank pursuant to this Agreement shall be conclusive and binding on the Trust Applicant in the absence of manifest error. (e) In no event whatsoever shall the interest rate and other charges charged hereunder exceed the highest rate permissible under any law which a court of competent jurisdiction shalljurisdiction, in a final determination, deem deems applicable hereto. In the event that such a court of competent jurisdiction determines, in a final determination, that Bank has received interest and other charges hereunder in excess of such highest rate, Bank shall promptly refund such excess amount to the TrustApplicant, and the provisions hereof shall be deemed amended to provide for such permissible rate.

INTEREST AND OTHER CHARGES. (a) The Trust Borrower shall pay Bank interest, in arrears, on the principal amount of each Loan from the date on which such Loan is made pursuant to Section 2 above until such Loan is due under this Agreement, at a rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus one and one-quarter percent (125 basis points), except that if the aggregate Market Value of non-publicly traded securities included among the Pledged Securities on any Interest Commencement Date represents no more than 10% of the aggregate Market Value of all Pledged Securities on such date, then the interest rate per annum during the Interest Period commencing on such Interest Commencement Date shall equal 30-day LIBOR on such Interest Commencement Date plus one percent (100 basis points). (b) All interest payable under this Agreement shall be calculated by Bank, on the basis of a 360-day year and for the actual number of days elapsed. Interest accrued on a Loan pursuant to Section 5(a) above shall be payable by the Trust Borrower (i) monthly on the 10th day of the calendar month next succeeding the calendar month in which such Interest Period ended (or, if such 10th day is not a Business Day, on the next succeeding Business Day), (ii) upon repayment of such Loan in full, and (iii) as otherwise provided in this Agreement. For purposes of computing interest, a Loan shall be deemed to be outstanding on the day that it is made, but not on the day that it is repaid. (c) The Trust Borrower shall pay Bank interest on any amount not paid by the Trust Borrower when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus two three and one-quarter percent (200 325 basis points). Such interest shall be payable on demand made by Bank from time to time. (d) Each determination of an interest rate by Bank pursuant to this Agreement shall be conclusive and binding on the Trust Borrower in the absence of manifest error. (e) In no event whatsoever shall the interest rate and other charges charged hereunder exceed the highest rate permissible under any law which a court of competent jurisdiction shalljurisdiction, in a final determination, deem deems applicable hereto. In the event that such a court determines, in a final determination, that Bank has received interest and other charges hereunder in excess of such highest rate, Bank shall promptly refund such excess amount to the TrustBorrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

INTEREST AND OTHER CHARGES. (a) The Trust Borrower shall pay Bank interest, in arrears, on the principal amount of each Loan from the date on which such Loan is made pursuant to Section 2 above until such Loan is due under this Agreement, at a rate per annum during each Interest Period equal to (i) 30-day LIBOR on the Interest Commencement Date of such Interest Period plus one percent (100 basis pointsii) the Applicable Margin (the “Applicable Rate”), provided that, any accrued and unpaid interest, including overdue interest, on any Loans (as defined in the Original Loan Agreement) shall constitute interest payable under this Agreement. (b) All interest payable under this Agreement shall be calculated by Bank, on the basis of a 360-day year and for the actual number of days elapsed. Interest accrued on a Loan pursuant to Section 5(a) above shall be payable by the Trust Borrower (i) monthly on the 10th day of the calendar month next succeeding the calendar month in which such Interest Period ended (or, if such 10th day is not a Business Day, on the next succeeding Business Day), (ii) upon repayment of such Loan in fullLoan, and (iii) as otherwise provided in this Agreement. For purposes of computing interest, a Loan shall be deemed to be outstanding on the day that it is made, but not on the day that it is repaid. (c) The Trust Borrower shall pay Bank interest on any amount not paid by the Trust Borrower when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum during each Interest Period equal to 30-day LIBOR on (i) the Interest Commencement Date of such Interest Period Applicable Rate plus two percent (200 ii) 1.65% (165 basis points). Such interest shall be payable on demand made by Bank from time to time. (d) Each determination of an interest rate by Bank pursuant to this Agreement shall be conclusive and binding on the Trust Borrower in the absence of manifest error. (e) In no event whatsoever shall the interest rate and other charges charged hereunder exceed the highest rate permissible under any law which a court of competent jurisdiction shalljurisdiction, in a final determination, deem deems applicable hereto. In the event that such a court determines, in a final determination, that Bank has received interest and other charges hereunder in excess of such highest rate, Bank shall promptly refund such excess amount to the TrustBorrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.

INTEREST AND OTHER CHARGES. (a) The Trust Borrower shall pay Bank interest, in arrears, on the principal amount of each Loan from the date on which such Loan is made pursuant to Section 2 above until such Loan is due under this AgreementAgreement (whether at maturity, upon prepayment or otherwise), at a rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus one percent (100 basis points). (b) All interest payable under this Agreement shall be calculated by Bank, on the basis of a 360-day year and for the actual number of days elapsed. Interest accrued on a Loan pursuant to Section 5(a) above shall be payable by the Trust (i) monthly on the 10th day of the calendar each month next succeeding the calendar month in which such Interest Period ended (or, if such the 10th day is not a Business Day, on the next succeeding Business Day), (ii) upon repayment of such Loan in full, and (iii) as otherwise provided in this Agreement. For purposes of computing interest, a Loan shall be deemed to be outstanding on the day that it is made, but not on the day that it is repaid. (c) The Trust Borrower shall pay Bank interest on any amount not paid by the Trust Borrower when due under this Agreement, from the date payment of such amount was due until the date such amount is paid, at a fluctuating rate per annum during each Interest Period equal to 30-day LIBOR on the Interest Commencement Date of such Interest Period plus two three percent (200 300 basis points). Such interest shall be payable on demand made by Bank from time to time. (d) Each determination of an interest rate by Bank pursuant to this Agreement shall be conclusive and binding on the Trust Borrower in the absence of manifest error. (e) In no event whatsoever shall the interest rate and other charges charged hereunder exceed the highest rate permissible under any law which a court of competent jurisdiction shalljurisdiction, in a final determination, deem deems applicable hereto. In the event that such a court determines, in a final determination, that Bank has received interest and other charges hereunder in excess of such highest rate, Bank shall promptly refund such excess amount to the TrustBorrower, and the provisions hereof shall be deemed amended to provide for such permissible rate.