Interest and Payments. This Debenture will bear interest from August [3], 2004 or from and including the most recent Interest Payment Date to which Interest (including Contingent Interest) has been paid or duly provided for, as the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest for the initial interest period commencing August [3], 2004 shall accrue at the rate of 0.27% per annum. In no event shall any quarterly adjustments of the interest rate or resetting of the spread result in the interest rate borne by the Debentures being less than zero. We will pay interest quarterly in arrears on March 15, June 15, September 15 and December 15 of each year, beginning September 15, 2004, unless any such Interest Payment Date (other than an Interest Payment Date at maturity) would otherwise be a day that is not a business day, in which case the interest payment date will be postponed to the next succeeding business day (except if that business day falls in the next succeeding calendar month, that interest payment date will be the immediately preceding business day). If the maturity date of the Debentures is a day that is not a business day, all payments to be made on such day will be made on the next succeeding business day, with the same force and effect as if made on the due date, and no additional interest will be payable as a result of such a delay in payment. On each Interest Determination Date for the Debentures, or as soon thereafter as practicable, the Calculation Agent shall determine the applicable Interest Rates as provided for and contemplated by the Debentures. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination thereof. The Calculation Agent shall perform such other actions and undertake such other duties of the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent shall not be responsible for calculating Contingent Interest.
Appears in 1 contract
Samples: Indenture (Apogent Technologies Inc)
Interest and Payments. This Debenture will The rate at which the Notes shall bear interest shall be 7-3/8%. With respect to the Series A Notes, interest shall accrue from August [3]the date hereof. With respect to the Series B Notes, 2004 the date from which interest shall accrue shall be the date on which interest was most recently paid on the Series A Notes, or from and including the most recent if there has been no Interest Payment Date relating to which the Series A Notes prior to the issuance of the Series B Notes, interest shall accrue from the date hereof. The Interest (including Contingent Interest) has been paid or duly provided for, as the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest Payment Dates for the initial Notes on which interest period commencing August [3], 2004 will be payable shall accrue at the rate of 0.27% per annum. In no event shall any quarterly adjustments of the interest rate or resetting of the spread result in the interest rate borne by the Debentures being less than zero. We will pay interest quarterly in arrears on March 15, June 15, September be April 15 and December October 15 of each year, beginning September October 15, 2004, unless ; the Regular Record Dates for the interest payable on the Notes on any such Interest Payment Date (other than an shall be April 1 with respect to the April 15 Interest Payment Date and October 1 with respect to the October 15 Interest Payment Date. Interest on overdue principal and premium, if any, shall be at maturitya rate of 2% per annum in excess of the rate then in effect; interest on overdue installments of interest and Special Interest, if any, from time to time, shall be at the same rate, to the extent lawful; and the basis upon which interest shall be calculated shall be that of a 360-day year consisting of twelve 30-day months. The place where the principal of (and premium, if any) would otherwise and interest (including Special Interest, if any) on the Notes shall be a day payable and the Notes may be surrendered for the registration of transfer or exchange shall be the Corporate Trust Office of the Trustee which, as of this writing, is located at 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration. The place where notices or demands to or upon the Company in respect of the Notes and this Fourteenth Supplemental Indenture may be served shall be the Corporate Trust Office of the Trustee. In addition, payment of interest (including Special Interest, if any) on any Note may, at the option of the Company, be made by check mailed to the address of the Person in whose name the Note is registered at the close of business on the Regular Payment Date; provided, however, that is not a business dayall payments of principal, in and premium (including Special Interest, if any), if any, and interest on the Notes to Holders of which case have given wire instructions to the interest Company or the Paying Agent at least 10 Business Days prior to the applicable payment date will shall be postponed made by wire transfer to the next succeeding business day (except if that business day falls an account maintained by such Holder entitled thereto as specified by such Holder in the next succeeding calendar month, that interest payment date will be the immediately preceding business day). If the maturity date of the Debentures is a day that is not a business day, all payments to be made on such day will be made on the next succeeding business day, with the same force and effect as if made on the due date, and no additional interest will be payable as a result of such a delay in payment. On each Interest Determination Date for the Debentures, or as soon thereafter as practicable, the Calculation Agent shall determine the applicable Interest Rates as provided for and contemplated by the Debentures. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination thereof. The Calculation Agent shall perform such other actions and undertake such other duties of the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent shall not be responsible for calculating Contingent Interestinstructions.
Appears in 1 contract
Samples: Fourteenth Supplemental Indenture (Allied Waste Industries Inc)
Interest and Payments. This Debenture will bear interest from August [3], 2004 or from and including the most recent Interest Payment Date to which Interest (including Contingent Interest) has been paid or duly provided for, as the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest for the initial interest period commencing August [3], 2004 shall accrue at the rate of 0.27% per annum. In no event shall any quarterly adjustments of the interest rate or resetting of the spread result in the interest rate borne by the Debentures being less than zero. We The Company will pay interest quarterly in arrears on March 15, June 15, September 15 and December 15 of each year, beginning September 15, 2004, unless any such Interest Payment Date (other than an Interest Payment Date at maturity) would otherwise be a day that is not a business day, in which case the interest payment date will be postponed to the next succeeding business day (except if that business day falls in the next succeeding calendar month, that interest payment date will be the immediately preceding business day). If the maturity date of the Debentures is a day that is not a business day, all payments to be made on such day will be made on the next succeeding business day, with the same force and effect as if made on the due date, and no additional interest will be payable as a result of such a delay in payment. On each Interest Determination Date for the Debentures, or as soon thereafter as practicable, the Calculation Agent shall determine the applicable Interest Rates as provided for and contemplated by the Debentures. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination thereof. The Calculation Agent shall perform such other actions and undertake such other duties of the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent shall not be responsible for calculating Contingent Interest.
Appears in 1 contract
Samples: Indenture (Apogent Technologies Inc)
Interest and Payments. This Debenture will bear All interest from August [3], 2004 or from and including under the most recent Interest Payment Date to which Interest (including Contingent Interest) has been paid or duly provided for, as Loans shall be computed on the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest year containing three hundred sixty (360) days for the initial actual number of days elapsed. Payments of interest period commencing August [3](and principal under the Term Note and principal under the CAPEX Line/Term Note after the Conversion Date) shall be due and payable to the Lender in accordance with the terms and provisions of the Notes, 2004 and interest shall accrue at the rate of 0.27% per annuminterest provided in the Notes for each advance thereunder. In no event Each payment of principal, interest and/or fees, and any other amounts required to be paid to the Lender with respect to the Loans, shall be effectuated by means of an Advance under the Note; provide, however, that if there is not adequate availability under the Loan to effectuate any quarterly adjustments such Advance, Borrower shall be jointly and severally responsible for payment of the interest rate same. Payments of principal, interest, fees or resetting other amounts made by the Borrower shall be made to the Lender at the Lender's offices located at 000 X. 00xx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, for the account of Lender, in Dollars and in immediately available funds before 12:00 p.m. (New York time) on the date such payment is due. The Lender shall deem any payment made by or on behalf of the spread result in the interest rate borne by the Debentures being less than zero. We will pay interest quarterly in arrears on March 15, June 15, September 15 and December 15 of each year, beginning September 15, 2004, unless any such Interest Payment Date (other than an Interest Payment Date at maturity) would otherwise be a day Borrower that is not made in immediately available funds and prior to 12:00 p.m. (New York time) to be a business daynon-conforming payment, in which case shall not be deemed to be received by the interest payment date will be postponed to Lender until the later of (a) the time such funds become available funds or (b) the next succeeding business day Business Day. Any non-conforming payment may constitute or become an Event of Default hereunder. Interest shall continue to accrue on any principal as to which a non-conforming payment is made until the later of (except if that business day falls in a) the date such funds become available funds or (b) the next succeeding calendar month, that interest payment date will be the immediately preceding business day)Business Day. If the maturity date of the Debentures is a day that is not a business day, all All payments to be made by the Borrower on such day will account of principal, interest and/or fees, shall be made on the next succeeding business daywithout diminution, with the same force and effect as if made on the due datesetoff, and no additional interest will be payable as a result of such a delay in payment. On each Interest Determination Date for the Debentures, recoupment or as soon thereafter as practicable, the Calculation Agent shall determine the applicable Interest Rates as provided for and contemplated by the Debentures. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination thereof. The Calculation Agent shall perform such other actions and undertake such other duties of the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent shall not be responsible for calculating Contingent Interestcounterclaim.
Appears in 1 contract
Interest and Payments. This Debenture CODES will bear interest from August [3]December 17, 2004 2003 or from and including the most recent Interest Payment Date to which Interest (including Contingent Interest) has been paid or duly provided for, as the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest for the initial interest period commencing August [3]December 17, 2004 2003 shall accrue at the rate of 0.270.0% (zero) per annum. In no event shall any quarterly adjustments of the interest rate or resetting of the spread result in the interest rate borne by the Debentures CODES being less than zero. We will pay interest quarterly in arrears on March 15, June 15, September 15 and December 15 of each year, beginning September March 15, 2004, unless any such Interest Payment Date (other than an Interest Payment Date at maturity) would otherwise be a day that is not a business day, in which case the interest payment date will be postponed to the next succeeding business day (except if that business day falls in the next succeeding calendar month, that interest payment date will be the immediately preceding business day). If the maturity date of the Debentures CODES is a day that is not a business day, all payments to be made on such day will be made on the next succeeding business day, with the same force and effect as if made on the due date, and no additional interest will be payable as a result of such a delay in payment. On each Interest Determination Date for the DebenturesCODES, or as soon thereafter as practicable, the Calculation Agent shall determine the applicable Interest Rates as provided for and contemplated by the DebenturesCODES. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination thereof. The Calculation Agent shall perform such other actions and undertake such other duties of the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent shall not be responsible for calculating Contingent Interest.
Appears in 1 contract
Samples: Indenture (Apogent Technologies Inc)
Interest and Payments. This Debenture will The rate at which the Notes shall bear interest shall be 8-1/2%. With respect to the Series A Notes, interest shall accrue from August [3]the date hereof. With respect to the Series B Notes, 2004 the date from which interest shall accrue shall be the date on which interest was most recently paid on the Series A Notes, or from and including the most recent if there has been no Interest Payment Date relating to which the Series A Notes prior to the issuance of the Series B Notes, interest shall accrue from the date hereof. The Interest (including Contingent Interest) has been paid or duly provided for, as the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest Payment Dates for the initial Notes on which interest period commencing August [3], 2004 will be payable shall accrue at the rate of 0.27% per annum. In no event shall any quarterly adjustments of the interest rate or resetting of the spread result in the interest rate borne by the Debentures being less than zero. We will pay interest quarterly in arrears on March 15, be June 15, September 15 1 and December 15 1 of each year, beginning September 15June 1, 2004, unless 2002; the Regular Record Dates for the interest payable on the Notes on any such Interest Payment Date (other than an shall be May 15 with respect to the June 1 Interest Payment Date and November 15 with respect to the December 1 Interest Payment Date. Interest on overdue principal and premium, if any, from time to time, shall be at maturitya rate of 2% per annum in excess of the rate then in effect; interest on overdue installments of interest and Special Interest, if any, from time to time, shall be at the same rate, to the extent lawful; and the basis upon which interest shall be calculated shall be that of a 360-day year consisting of twelve 30-day months. The place where the principal of (and premium, if any) would otherwise and interest, including, Special Interest, if any, with respect to and interest on the Notes shall be a day payable and the Notes may be surrendered for the registration of transfer or exchange shall be the Corporate Trust Office of the Trustee which, as of this writing, is located at 100 Wall Street, 20th Floor New York, New York 10005, Attention: Corpoxxxx Xxxxx Xxxxxxxxxxxxxx. Xxx xxxxx xxxxx xxxxxxx xr demands to or upon the Company in respect of the Notes and this Eighth Supplemental Indenture may be served shall be the Corporate Trust Office of the Trustee. In addition, payment of interest (including any Special Interest) on any Note may, at the option of the Company, be made by check mailed to the address of the Person in whose name the Note is registered at the close of business on the Regular Payment Date; provided, however, that is not a business dayall payments of principal, in and premium (including Special Interest, if any), if any, and interest on the Notes to Holders of which case have given wire instructions to the interest Company or the Paying Agent at least 10 Business Days prior to the applicable payment date will shall be postponed made by wire transfer to the next succeeding business day (except if that business day falls an account maintained by such Holder entitled thereto as specified by such Holder in the next succeeding calendar month, that interest payment date will be the immediately preceding business day). If the maturity date of the Debentures is a day that is not a business day, all payments to be made on such day will be made on the next succeeding business day, with the same force and effect as if made on the due date, and no additional interest will be payable as a result of such a delay in payment. On each Interest Determination Date for the Debentures, or as soon thereafter as practicable, the Calculation Agent shall determine the applicable Interest Rates as provided for and contemplated by the Debentures. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination thereof. The Calculation Agent shall perform such other actions and undertake such other duties of the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent shall not be responsible for calculating Contingent Interestinstructions.
Appears in 1 contract
Samples: Eighth Supplemental Indenture (Allied Waste Industries Inc)
Interest and Payments. This Debenture will The rate at which the Notes shall bear interest shall be 7 1/8%. With respect to the Series A Notes, interest shall accrue from August [3]the date hereof. With respect to the Series B Notes, 2004 the date from which interest shall accrue shall be the date on which interest was most recently paid on the Series A Notes, or from and including the most recent if there has been no Interest Payment Date relating to which the Series A Notes prior to the issuance of the Series B Notes, interest shall accrue from the date hereof. The Interest (including Contingent Interest) has been paid or duly provided for, as the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest Payment Dates for the initial Notes on which interest period commencing August [3], 2004 will be payable shall accrue at the rate of 0.27% per annum. In no event shall any quarterly adjustments of the interest rate or resetting of the spread result in the interest rate borne by the Debentures being less than zero. We will pay interest quarterly in arrears on March 15, June 15, September be May 15 and December November 15 of each year, beginning September November 15, 2004, unless 2006; the Regular Record Dates for the interest payable on the Notes on any such Interest Payment Date (other than an shall be May 1 with respect to the May 15 Interest Payment Date and November 1 with respect to the November 15 Interest Payment Date. Interest on overdue principal and premium, if any, shall be at maturitya rate of 2% per annum in excess of the rate then in effect; interest on overdue installments of interest and Special Interest, if any, from time to time, shall be at the same rate, to the extent lawful; and the basis upon which interest shall be calculated shall be that of a 360-day year consisting of twelve 30-day months. The place where the principal of (and premium, if any) would otherwise and interest (including Special Interest, if any) on the Notes shall be a day payable and the Notes may be surrendered for the registration of transfer or exchange shall be the Corporate Trust Office of the Trustee which, as of this writing, is located at 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration. The place where notices or demands to or upon the Company in respect of the Notes and this Seventeenth Supplemental Indenture may be served shall be the Corporate Trust Office of the Trustee. In addition, payment of interest (including Special Interest, if any) on any Note may, at the option of the Company, be made by check mailed to the address of the Person in whose name the Note is registered at the close of business on the Regular Payment Date; provided, however, that is not a business dayall payments of principal, in and premium (including Special Interest, if any), if any, and interest on the Notes to Holders of which case have given wire instructions to the interest Company or the Paying Agent at least 10 Business Days prior to the applicable payment date will shall be postponed made by wire transfer to the next succeeding business day (except if that business day falls an account maintained by such Holder entitled thereto as specified by such Holder in the next succeeding calendar month, that interest payment date will be the immediately preceding business day). If the maturity date of the Debentures is a day that is not a business day, all payments to be made on such day will be made on the next succeeding business day, with the same force and effect as if made on the due date, and no additional interest will be payable as a result of such a delay in payment. On each Interest Determination Date for the Debentures, or as soon thereafter as practicable, the Calculation Agent shall determine the applicable Interest Rates as provided for and contemplated by the Debentures. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination thereof. The Calculation Agent shall perform such other actions and undertake such other duties of the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent shall not be responsible for calculating Contingent Interestinstructions.
Appears in 1 contract
Samples: Seventeenth Supplemental Indenture (Allied Waste Industries Inc)
Interest and Payments. This Debenture will Outstanding Notes shall bear interest at the rate of 1.625% per annum, from August [3]February 22, 2004 2016 or from and including the most recent Interest Payment Date to (as defined below) on which Interest (including Contingent Interest) interest has been paid or duly provided for, on February 22 of each year (each, an “Interest Payment Date”), commencing February 22, 2017, until the principal thereof is paid or made available for payment. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will, as provided in such Indenture, be paid to the Person in whose name the Notes are registered at the close of business on the Regular Record Date for such interest, which shall be the fifteenth calendar day (whether or not a Business Day (as defined below)), immediately preceding such Interest Payment Date. Any such interest not so punctually paid or duly provided for will forthwith cease to be payable to the Holder on such Regular Record Date and may either be paid to the Person in whose name the Notes are registered at the close of business on a Special Record Date for the payment of such Defaulted Interest to be fixed by the Trustee, notice thereof shall be given to Holders of Notes of this series not less than 10 days prior to such Special Record Date, or be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, all as more fully provided in said Indenture. Interest on the Notes shall be computed on the basis of the actual number of days in the period for which interest is being calculated and the actual number of days from and including the last date on which interest was paid on the Notes (or February 22, 2016, if no interest has been paid on the Notes), to but excluding the next scheduled Interest Payment Date. This payment convention is referred to as ACTUAL/ACTUAL (ICMA) as defined in the rulebook of the International Capital Market Association. Each payment of interest on the Notes shall include interest accrued through the day before the applicable Interest Payment Date for the Notes. If interest on the Notes is payable, or the Maturity, Redemption Date or Repayment Date falls, as the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest for the initial interest period commencing August [3], 2004 shall accrue at the rate of 0.27% per annum. In no event shall any quarterly adjustments of the interest rate or resetting of the spread result in the interest rate borne by the Debentures being less than zero. We will pay interest quarterly in arrears on March 15, June 15, September 15 and December 15 of each year, beginning September 15, 2004, unless any such Interest Payment Date (other than an Interest Payment Date at maturity) would otherwise be a day that is not a business dayBusiness Day, in which case the interest Company will make the payment date will be postponed to on the next succeeding business day (except Business Day as if that business day falls in the next succeeding calendar month, that interest payment date will be the immediately preceding business day). If the maturity date of the Debentures is a day that is not a business day, all payments to be made on such day will be it were made on the next succeeding business day, with date the same force and effect as if made on the due datepayment was due, and no additional interest will be payable accrue as a result of such a the delay in payment. On each Interest Determination Date will cease to accrue on a Note upon its Maturity or redemption. With respect to the Notes, for all purposes of the DebenturesIndenture, “Business Day” means any day other than a Saturday or Sunday, (i) which is not a day on which banking institutions in The City of New York or London are authorized or required by law, regulation or executive order to close and (ii) on which the Trans-European Automated Real Time Gross Settlement Express Transfer System, or as soon thereafter as practicableany successor thereto, the Calculation Agent shall determine the applicable Interest Rates as provided for is open. Section 105 Currency and contemplated by the Debentures. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination thereof. The Calculation Agent shall perform such other actions and undertake such other duties of the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent shall not be responsible for calculating Contingent InterestDenominations.
Appears in 1 contract
Interest and Payments. This Debenture will bear The Borrowers, jointly and severally, shall repay, and shall pay interest from August [3]on, 2004 the aggregate unpaid principal amount of all Advances and the Term Loan in accordance with the Notes. The Borrowers shall at any time that any amount is outstanding under a Note select a LIBOR interest period to apply to all amounts outstanding on that Note. The Borrowers may select an interest period of one month, three months or from six months and including may select a different interest period to apply to each Note. Once the most recent Interest Payment Date Borrowers notify the Bank in writing of an interest period selection for a Note, such selection shall be irrevocable. If the Borrowers shall fail to which Interest (including Contingent Interest) has been notify the Bank in writing of an interest period for any Note prior to the end of a previous interest period, the Borrowers shall be presumed to have selected an interest period of one month for that Note for the next interest period. After and during the continuance of an Event of Default the Borrowers shall pay interest at an annual rate equal to 2.0% in excess of the rate of interest otherwise provided under the Notes. In addition, the Borrowers, jointly and severally, shall pay a late payment fee equal to 3.0% of the amount of any payment that is paid more than 15 days after its due date. All payments of principal, interest and fees under this Agreement shall be made when due to the Bank in immediately available funds. All computations of interest and the Commitment Fee shall be made by the Bank on the basis of the actual number of days elapsed in a year of 360 days. Whenever any such payment shall be due on a non-Business Day, such payment shall be made on the next succeeding Business Day, and such extension of time shall be included in the computation of interest or duly provided forfees, as the case may be, at a per annum rate which will equal 3-month LIBOR, adjusted quarterly on each Interest Adjustment Date, as defined below, minus a spread of 125 basis points, which spread may but shall not be reset upon the occurrence of a Reset Transaction as described in the Indenture. Notwithstanding the foregoing, Interest for the initial interest period commencing August [3], 2004 shall accrue at the rate of 0.27% per annum. In no event shall any quarterly adjustments of the interest rate or resetting of the spread deemed to result in the interest rate borne by the Debentures such payment being less than zero. We will pay interest quarterly in arrears on March 15, June 15, September 15 and December 15 of each year, beginning September 15, 2004, unless any such Interest Payment Date (other than an Interest Payment Date at maturity) would otherwise be a day that is not a business day, in which case the interest payment date will be postponed to the next succeeding business day (except if that business day falls in the next succeeding calendar month, that interest payment date will be the immediately preceding business day). If the maturity date of the Debentures is a day that is not a business day, all payments to be made on such day will be made on the next succeeding business day, with the same force and effect as if made on after the due date, and no additional interest will be payable as a result of such a delay in payment. On each Interest Determination Date for the Debentures, or as soon thereafter as practicable, the Calculation Agent shall determine the applicable Interest Rates as provided for and contemplated by the Debentures. The Calculation Agent shall notify the Company and the Trustee of such Interest Rates as soon as reasonably practicable after the determination date thereof. The Calculation Agent shall perform such other actions and undertake such other duties Bank is expressly authorized to charge any principal, interest or fee payment, when due, to the demand deposit account of any Borrower maintained at the Calculation Agent as are described in the Indenture to be performed or undertaken by the Calculation Agent. The Calculation Agent Bank, or, if those accounts shall not be responsible for calculating Contingent Interestcontain sufficient funds, to any other account maintained by any Borrower at the Bank.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Enstar Inc)