Common use of Interest Applicable Rates Clause in Contracts

Interest Applicable Rates. (a) Subject to the provisions of subsection Section 2.08(b): (i) each Eurodollar Rate Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurodollar Rate for such Interest Period plus the Applicable Rate; and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (ii) If any amount (other than principal of any Loan) payable by Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (iii) Without limiting clauses (i) and (ii) above, upon the request of Required Lenders, while any Event of Default exists, Borrower shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Bankruptcy Law. (d) Any increase or decrease in any Applicable Rate resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the date that is three Business Days after the date on which Borrower delivers a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for a given period; provided that, without limiting the rights of the Lenders under Section 2.08(b), if any Compliance Certificate required to be delivered in accordance with Section 6.02(b) with reference to Section 6.01 for any given period is not delivered to Administrative Agent on or before the last date by which Borrower is otherwise required to deliver a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for the relevant period (each such date, a “calculation date”), then Tier 5 (as indicated on Schedule 1.01-A) shall apply, effective on the relevant calculation date until five Business Days after such Compliance Certificate is actually received by Administrative Agent. Notwithstanding the foregoing and for the avoidance of doubt, if, for any period and for any reason, the actual Consolidated Total Leverage Ratio is higher than that reported in the related Compliance Certificate, then Borrower shall immediately, without the requirement of notice or demand from any Person, pay to Lending Parties an amount equal to the excess of: (A) the amount of interest or fees that would have accrued had the Applicable Rates for such period been based upon the actual Consolidated Total Leverage Ratio for such period rather than the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period; over (B) the amount of interest or fees that was actually paid by Borrower based upon the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period.

Appears in 1 contract

Samples: Credit Agreement (Ciber Inc)

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Interest Applicable Rates. (a) Subject to the provisions of subsection Section 2.08(b2.4(b): (i) each Eurodollar Rate LIBOR Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurodollar Rate LIBOR for such Interest Period plus the Applicable Rate; and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (ii) If any amount (other than principal of any Loan) payable by Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iii) Without limiting clauses (i) and (ii) above, upon the request of Required Lenders, while While any Event of Default exists, Borrower shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Bankruptcy Law. (d) Any increase or decrease in any Applicable Rate resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the date that is three Business Days after first day of the date on month immediately following the month in which Borrower delivers is required to deliver a Compliance Certificate in accordance with Section 6.02(b6.3(d) with reference to Section 6.01 for a given periodperiod (each such date, a “calculation date”); provided that, without limiting that the rights Applicable Rate in effect from the Closing Date to the first day of the Lenders under Section 2.08(bmonth immediately following receipt by Bank of a timely delivered Compliance Certificate with respect to the fiscal quarter ending March 31, 2012 shall be determined based upon Tier 2 (as indicated in the definition of “Applicable Rate”); provided further that, if any Compliance Certificate required to be delivered in accordance with Section 6.02(b6.3(d) with reference to Section 6.01 for any given period is not delivered to Administrative Agent Bank on or before the last date by which Borrower is otherwise required to deliver a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for the relevant period (each such date, a “related calculation date”), then Tier 5 1 (as indicated on Schedule 1.01-Ain the definition of “Applicable Rate”) shall apply, effective on the relevant related calculation date until five two Business Days after such Compliance Certificate is actually received by Administrative AgentBank. Notwithstanding the foregoing and for the avoidance of doubt, if, if for any period and for any reason, the actual Consolidated Total Leverage Ratio is higher than that reported in the related Compliance Certificate, then Borrower shall immediately, without the requirement of notice or demand from any Person, pay to Lending Parties Bank an amount equal to the excess of: (A) the amount of interest or fees that would have accrued had the Applicable Rates for such the relevant period been based upon the actual Consolidated Total Leverage Ratio for such the prior period rather than the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such prior period; over (B) the amount of interest or fees that was actually paid by Borrower based upon the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period.

Appears in 1 contract

Samples: Credit Agreement (Natus Medical Inc)

Interest Applicable Rates. (a) Subject to the provisions of subsection Section 2.08(b2.4(b): (i) each Eurodollar Rate LIBOR Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurodollar Rate LIBOR for such Interest Period plus the Applicable Rate; and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. (i) If any amount of principal of any Revolving Credit Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (ii) If any amount (other than principal of any Revolving Credit Loan) payable by Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iii) Without limiting clauses (i) and (ii) above, upon the request of Required Lenders, while While any Event of Default exists, Borrower shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) Interest on each Revolving Credit Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Bankruptcy Law. (d) Any increase or decrease in any Applicable Rate resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the date that is three Business Days after the date on which Borrower delivers a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for a given period; provided that, without limiting the rights of the Lenders under Section 2.08(b), if any Compliance Certificate required to be delivered in accordance with Section 6.02(b) with reference to Section 6.01 for any given period is not delivered to Administrative Agent on or before the last date by which Borrower is otherwise required to deliver a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for the relevant period (each such date, a “calculation date”), then Tier 5 (as indicated on Schedule 1.01-A) shall apply, effective on the relevant calculation date until five Business Days after such Compliance Certificate is actually received by Administrative Agent. Notwithstanding the foregoing and for the avoidance of doubt, if, for any period and for any reason, the actual Consolidated Total Leverage Ratio is higher than that reported in the related Compliance Certificate, then Borrower shall immediately, without the requirement of notice or demand from any Person, pay to Lending Parties an amount equal to the excess of: (A) the amount of interest or fees that would have accrued had the Applicable Rates for such period been based upon the actual Consolidated Total Leverage Ratio for such period rather than the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period; over (B) the amount of interest or fees that was actually paid by Borrower based upon the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period.

Appears in 1 contract

Samples: Credit Agreement (Micrus Endovascular Corp)

Interest Applicable Rates. (a) Subject to the provisions of subsection Section 2.08(b2.6(b): (i) each Eurodollar Rate LIBOR Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurodollar Rate LIBOR for such Interest Period plus the Applicable Rate; and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (ii) If any amount (other than principal of any Loan) payable by Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iii) Without limiting clauses (i) and (ii) above, upon the request of Required Lenders, while While any Event of Default exists, Borrower shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Bankruptcy Law. (d) Any increase or decrease in any Applicable Rate resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the date that is three Business Days after first day of the date on month immediately following the month in which Borrower delivers is required to deliver a Compliance Certificate in accordance with Section 6.02(b6.3(d) with reference to Section 6.01 for a given periodperiod (each such date, a “calculation date”); provided that, without limiting that the rights Applicable Rate in effect from the Closing Date to the first day of the Lenders under Section 2.08(bmonth immediately following receipt by Bank of a timely delivered Compliance Certificate with respect to the fiscal quarter ending December 31, 2007 shall be determined based upon Tier 1 (as indicated in the definition of “Applicable Rate”); provided further that, if any Compliance Certificate required to be delivered in accordance with Section 6.02(b6.3(d) with reference to Section 6.01 for any given period is not delivered to Administrative Agent Bank on or before the last date by which Borrower is otherwise required to deliver a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for the relevant period (each such date, a “related calculation date”), then Tier 5 1 (as indicated on Schedule 1.01-Ain the definition of “Applicable Rate”) shall apply, effective on the relevant related calculation date until five two Business Days after such Compliance Certificate is actually received by Administrative AgentBank. Notwithstanding the foregoing and for the avoidance of doubt, if, if for any period and for any reason, the actual Consolidated Total Leverage Ratio is higher than that reported in the related Compliance Certificate, then Borrower shall immediately, without the requirement of notice or demand from any Person, pay to Lending Parties Bank an amount equal to the excess of: (A) the amount of interest or fees that would have accrued had the Applicable Rates for such the relevant period been based upon the actual Consolidated Total Leverage Ratio for such the prior period rather than the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such prior period; over (B) the amount of interest or fees that was actually paid by Borrower based upon the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period.

Appears in 1 contract

Samples: Credit Agreement (Natus Medical Inc)

Interest Applicable Rates. (a) Subject to the provisions of subsection Section 2.08(b2.4(b): (i) each Eurodollar Rate LIBOR Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurodollar Rate LIBOR for such Interest Period plus the Applicable Rate; and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (ii) If any amount (other than principal of any Loan) payable by Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iii) Without limiting clauses (i) and (ii) above, upon the request of Required Lenders, while While any Event of Default exists, Borrower shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Bankruptcy Law. (d) Any increase or decrease in any Applicable Rate resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the date that is three Business Days after first day of the date on month immediately following the month in which Borrower delivers is required to deliver a Compliance Certificate in accordance with Section 6.02(b6.3(d) with reference to Section 6.01 for a given periodperiod (each such date, a “calculation date”); provided that, without limiting that the rights Applicable Rate in effect from the Closing Date to the first day of the Lenders under Section 2.08(bmonth immediately following receipt by Bank of a timely delivered Compliance Certificate with respect to the fiscal quarter ending March 31, 2010 shall be determined based upon Tier 3 (as indicated in the definition of “Applicable Rate”); provided further that, if any Compliance Certificate required to be delivered in accordance with Section 6.02(b6.3(d) with reference to Section 6.01 for any given period is not delivered to Administrative Agent Bank on or before the last date by which Borrower is otherwise required to deliver a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for the relevant period (each such date, a “related calculation date”), then Tier 5 1 (as indicated on Schedule 1.01-Ain the definition of “Applicable Rate”) shall apply, effective on the relevant related calculation date until five two Business Days after such Compliance Certificate is actually received by Administrative AgentBank. Notwithstanding the foregoing and for the avoidance of doubt, if, if for any period and for any reason, the actual Consolidated Total Leverage Ratio is higher than that reported in the related Compliance Certificate, then Borrower shall immediately, without the requirement of notice or demand from any Person, pay to Lending Parties Bank an amount equal to the excess of: (A) the amount of interest or fees that would have accrued had the Applicable Rates for such the relevant period been based upon the actual Consolidated Total Leverage Ratio for such the prior period rather than the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such prior period; over (B) the amount of interest or fees that was actually paid by Borrower based upon the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period.

Appears in 1 contract

Samples: Credit Agreement (Natus Medical Inc)

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Interest Applicable Rates. (a) Subject to the provisions of subsection Section 2.08(b2.5(b): (i) each Eurodollar Rate LIBOR Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurodollar Rate LIBOR for such Interest Period plus the Applicable Rate; and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (ii) If any amount (other than principal of any Loan) payable by Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iii) Without limiting clauses (i) and (ii) above, upon the request of Required Lenders, while While any Event of Default exists, Borrower shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Lawslaws. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Bankruptcy Law. (d) Any increase or decrease in any Applicable Rate resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the date that is three Business Days after the date on which Borrower delivers a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for a given period; provided that, without limiting the rights of the Lenders under Section 2.08(b), if any Compliance Certificate required to be delivered in accordance with Section 6.02(b) with reference to Section 6.01 for any given period is not delivered to Administrative Agent on or before the last date by which Borrower is otherwise required to deliver a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for the relevant period (each such date, a “calculation date”), then Tier 5 (as indicated on Schedule 1.01-A) shall apply, effective on the relevant calculation date until five Business Days after such Compliance Certificate is actually received by Administrative Agent. Notwithstanding the foregoing and for the avoidance of doubt, if, for any period and for any reason, the actual Consolidated Total Leverage Ratio is higher than that reported in the related Compliance Certificate, then Borrower shall immediately, without the requirement of notice or demand from any Person, pay to Lending Parties an amount equal to the excess of: (A) the amount of interest or fees that would have accrued had the Applicable Rates for such period been based upon the actual Consolidated Total Leverage Ratio for such period rather than the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period; over (B) the amount of interest or fees that was actually paid by Borrower based upon the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period.

Appears in 1 contract

Samples: Credit Agreement (Natus Medical Inc)

Interest Applicable Rates. (a) Subject to the provisions of subsection Section 2.08(b): (i) each Eurodollar Rate Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurodollar Rate for such Interest Period plus the Applicable Rate; and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (ii) If any amount (other than principal of any Loan) payable by Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (iii) Without limiting clauses (i) and (ii) above, upon the request of Required Lenders, while any Event of Default exists, Borrower shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Bankruptcy Law. (d) Any increase or decrease in any Applicable Rate resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the date that is three Business Days after the date on which Borrower delivers a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for a given period; provided that, without limiting the rights of the Lenders under Section 2.08(b), if any Compliance Certificate required to be delivered in accordance with Section 6.02(b) with reference to Section 6.01 for any given period is not delivered to Administrative Agent on or before the last date by which Borrower is otherwise required to deliver a Compliance Certificate in accordance with Section 6.02(b) with reference to Section 6.01 for the relevant period (each such date, a “calculation date”), then Tier 5 (as indicated on Schedule 1.01-A) shall apply, effective on the relevant calculation date until five Business Days after such Compliance Certificate is actually received by Administrative Agent. Notwithstanding the foregoing and for the avoidance of doubt, if, as a result of any restatement of or other adjustment to the financial statements of Borrower or for any period and for any other reason, Borrower or Lenders determine that (i) the actual Consolidated Total Leverage Ratio is as calculated by Borrower as of any applicable date was inaccurate and (ii) a proper calculation of the Consolidated Leverage Ratio would have resulted in higher than that reported in the related Compliance Certificatepricing for such period, then Borrower shall immediately, without the requirement of notice or demand from any Person, immediately and retroactively be obligated to pay to Lending Parties Administrative Agent for the account of the applicable Lenders or L/C Issuer, as the case may be, promptly on demand by Administrative Agent (or, after the occurrence of an actual or deemed entry of an order for relief with respect to Borrower under the Bankruptcy Code, automatically and without further action by Administrative Agent, any Lender or L/C Issuer), an amount equal to the excess of: (A) of the amount of interest or and fees that would should have accrued had the Applicable Rates been paid for such period been based upon the actual Consolidated Total Leverage Ratio for such period rather than the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period; over (B) the amount of interest or and fees that was actually paid by Borrower based upon the Consolidated Total Leverage Ratio reported in the Compliance Certificate delivered for such period. This paragraph shall not limit the rights of Administrative Agent, any Lender or L/C Issuer, as the case may be, under Section 2.03(c)(iii), 2.03(i) or 2.08(b) or under Article VIII. Borrower’s obligations under this paragraph shall survive the termination of the Commitments of all of Lenders and the repayment of all other Obligations hereunder.

Appears in 1 contract

Samples: Credit Agreement (Ciber Inc)

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