Interest Fees and Expenses. (a) Interest on the Revolving Loans, whether bearing interest based on the Chase Bank Rate or LIBOR, shall be payable monthly as of the end of each month. Chase Bank Rate Loans shall be an amount equal to the Chase Bank Rate plus one quarter of one percent (.25%) per annum on the average of the net balances owing by the Company to CIT in the Revolving Loan Account at the close of each day during such month. In the event of any change in said Chase Bank Rate, the rate hereunder for Chase Bank Rate Loans shall change, as of the date of such change, so as to remain one quarter of one percent (.25%) above the Chase Bank Rate. The rate hereunder for Chase Bank Rate Loans shall be calculated based on a 360-day year. CIT shall be entitled to charge the Company's Revolving Loan Account at the rate provided for herein when due until all Obligations have been paid in full.
(b) Notwithstanding any provision to the contrary contained in this section 8, in the event that the sum of the outstanding Revolving Loans exceed the lesser of either (x) the maximum aggregate amount available under Sections 3 and 5 of this Financing Agreement or (y) the Revolving Line of Credit: (A) as a result of Revolving Loans advanced by CIT at the request of the Company (herein "Requested Overadvances"), for any one (1) or more days in any month, or (B) for any other reason whatsoever (herein "Other Overadvances") and such Other Overadvances continue for five (5) or more days in any month , the average net balance of all Revolving Loans for such month shall bear interest at the Overadvance Rate.
(c) Upon and after the occurrence of an Event of Default and the giving of any required notice by CIT in accordance with the provisions of Section 10, Paragraph 10.2 hereof, all Obligations shall bear interest at the Default Rate of Interest.
8.2 Interest on the Term Loan shall be payable monthly as of the end of each month on the unpaid balance or on payment in full prior to maturity. Chase Bank Rate Loans shall be in an amount equal to the Chase Bank Rate plus one half of one percent (.50%) per annum. In the event of any change in said Chase Bank Rate the rate hereunder for any such Chase Bank Rate Loans shall change, as of the date of such change, so as to remain one half of one percent (.50%) above the Chase Bank Rate. The rate hereunder shall be calculated based on a 360 day year. CIT shall be entitled to charge the Revolving Loan Account at the rate provided for herein when due until all Oblig...
Interest Fees and Expenses. (1) Included in the Budget are projected amounts for (a) interest on the Loans, (b) the Agency Fee, (c) the fees and expenses of the Construction Consultant, Administrative Agent’s counsel and the Title Company and (d) the fees and expenses related to the recording of the Mortgages. Subject to Borrower’s compliance with all of the conditions set forth in Schedule 4 and this Article 4, Lead Borrower may in any Request for Loan Advance request advances for the purpose of paying the aforesaid items due at such time, in which event Administrative Agent shall be authorized and is hereby directed to disburse the amount thereof to the Persons entitled to such payments. Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, Lead Borrower shall not have the right to request the advance of any Loans for any items covered by clauses (a) through (d) above to the extent Operating Revenues are available to pay such items.
(2) Borrower hereby authorizes Administrative Agent to disburse the proceeds of any Loan to pay (a) interest accrued on the Notes, (b) the Agency Fees, (c) the fees and expenses of the Construction Consultant, Administrative Agent’s counsel and the Title Company, (d) any expenses payable in accordance with Section 9.28, and (e) any Date Down Endorsements, notwithstanding that Lead Borrower may not have requested a disbursement of such amounts.
(3) Subject to the provisions of Section 14.3, Administrative Agent in its sole and absolute discretion may (but shall not be obligated to do so) direct the Lenders to make such Loans for disbursements authorized under this Section 4.6 notwithstanding that the Loans are not In Balance or that a Potential Default or Event of Default exists under the terms of this Agreement or any other Loan Document. Such disbursements shall constitute a Loan and be added to the principal balance of the Notes, and the Lenders shall make the applicable Loans to fund any such disbursements. The authorization hereby granted is irrevocable, and no further direction, authorization or Request for Loan Advance from Lead Borrower is necessary for the Lenders to make such disbursements. Nothing contained in this Section 4.6 shall require Administrative Agent to direct the Lenders to make Loans for payment of any of the items set forth in subsection (2) above if the other conditions set forth in this Agreement for Loans are not satisfied.
Interest Fees and Expenses. 8.1 Prior to the LIBOR Trigger Date, interest on the outstanding principal balance of the Revolving Loans shall be payable monthly on the last day of each month and shall accrue at a rate per annum equal the Chase Bank Rate plus 1.00% on the average net principal balance of the Revolving Loans at the close of each day during such month, as reflected by the Revolving Loan Account. On and after the LIBOR Trigger Date, (i) interest on the outstanding principal balance of the Revolving Loans that are Chase Bank Rate Loans shall be payable monthly on the last day of each month and shall accrue at a rate per annum equal the Chase Bank Rate plus 1.00% on the average net principal balance of the Revolving Loans at the close of each day during such month, as reflected by the Revolving Loan Account and (ii) interest on the outstanding principal balance of the Revolving Loans that are LIBOR Loans shall be payable monthly on the last day of each month and shall accrue at a rate per annum equal to the applicable LIBOR plus 2.50% on the principal balance of each LIBOR Loan outstanding during such month, in each case as reflected by the Revolving Loan Account. All interest rates shall be calculated based on a 360-day year for actual days elapsed. If payment under this Financing Agreement becomes due and payable on a day that is not a Business Day, the due date of such payment is extended to the next succeeding Business Day and interest is payable on such payment during such extension at the rate specified in this Financing Agreement.
8.2 Upon the occurrence of an Event of Default, all Obligations shall, at the Agent's election at any time thereafter, bear interest at the Default Rate of Interest until such Event of Default is waived.
(a) In consideration of the issuance of any Letter of Credit Guaranty by the Agent or other assistance of the Agent in obtaining Letters of Credit pursuant to Section 5 hereof, the Companies shall pay to the Agent, for the benefit of the Lenders, a Letter of Credit Guaranty Fee equal to two percent (2.00%) per annum on the undrawn face amount of each Letter of Credit. For each documentary Letter of Credit, the entire Letter of Credit Guaranty Fee shall be payable in advance, and for each standby Letter of Credit, the Letter of Credit Guaranty fee shall be payable monthly on the first day of each month.
(b) Any and all charges, fees, commissions, costs and expenses charged to the Agent for the account of the Companies by an Issuing Bank in co...
Interest Fees and Expenses. 1. (a) Interest on the Revolving Loans (other than Libor Loans) shall be payable monthly as of the end of each month and shall be an amount equal to the sum of the applicable Revolver Non-Libor Margin plus the Chase Manhattan Bank Rate per annum, on the average of the net balances (other than Libor Loans) owing by the Company to the Lenders in the Company's account at the close of each day during such month. Any change in said Chase Manhattan Bank Rate shall be effective as of the first of the month following any change. The rates hereunder shall be calculated on a per annum basis and will be based on a 360-day year. The Agent shall be entitled to charge the Company's account at the rate provided for herein when due until all Obligations have been paid in full. Interest on the Revolving Loans which are Libor Loans shall be payable monthly as of the end of each month and shall be an amount equal to the sum of the applicable Revolver Libor Margin and the applicable Libor on each then outstanding Revolving Loan which is a Libor Loan, on a per annum basis, on the average of the net balance owing by the Company on such Libor Loan at the close of each day during such month. The Company may elect to use Libor as to any new or then outstanding Revolving Loans provided x) there is then no unwaived Default or Event of Default, and y) the Company has so advised the Agent of its election to use Libor and the Libor Period selected no later than three (3) Business Days prior to the proposed borrowing or, in the case of a Libor election with respect to a then outstanding Revolving Loan, three (3) Business Days prior to the conversion of any then outstanding Revolving Loans to Libor Loans and z) the election and Libor shall be effective, provided, there is then no unwaived Default or Event of Default, on the fourth Business Day following said notice. The Libor elections must be for $100,000.00 or whole multiples thereof. No more than three (3) Libor elections in the aggregate may be in effect at any one time (including elections relating to Revolving Loans and elections relating to CAPEX Term Loans) unless the Agent agrees otherwise. If no such election is timely made or can be made, then the Agent shall use the Chase Manhattan Bank Rate to compute interest. In the event of any change in said Chase Manhattan Bank Rate, the rate hereunder shall change correspondingly, as of the first of the month following any change. The rates hereunder shall be calculated based on a 360-...
Interest Fees and Expenses. Receipt by the Administrative Agent, the Arrangers and the Lenders of any interest, fees, and expenses required to be paid on or before the Closing Date, including, but not limited to, the fees set forth in the Fee Letter and all accrued and unpaid interest and fees under the Existing Credit Agreement immediately prior to the Closing Date.
Interest Fees and Expenses. You acknowledge you may not earn any net interest on balances beneficially held in Network Banks via the Deposit Network Service. In the event you have an account at Bank that is interest- bearing, interest will be posted to your account by Bank, subject to the then current Truth in Savings Act disclosures and other terms of the applicable Account. You acknowledge that Bank, StoneCastle and Platform may earn fees and other revenues paid by the Network Banks.
Interest Fees and Expenses. (a) Interest on the Revolving Loans shall be payable monthly as of the end of each month at a rate equal to the sum of the Base Rate plus the Applicable Margin per annum on the average of the net balances owing by the Companies to the Lender in the Funds In Use Account at the close of each day during such month. Any change in the rate of interest hereunder due to a change in the Base Rate will take effect as of the first of the month following such change in the JPMorgan Chase Prime Rate. The rate hereunder for Base Rate Loans shall be calculated based on a 360-day year. The Lender shall be entitled to charge the Companies’ Funds In Use Account at the rate provided for herein when due until all Obligations have been paid in full.
(b) Upon and after the occurrence and during the continuance of an Event of Default and the giving of any required notice by the Lender in accordance with the provisions of Section 10, Paragraph 10.2 hereof, all Obligations shall bear interest at the Default Rate of Interest.
Interest Fees and Expenses. 8.1 Interest on the Revolving Loans shall be payable monthly as of the end of each month and with respect to Chase Bank Rate Loans shall be an amount equal to the lesser of (a) the Maximum Legal Rate or (b) the Chase Bank Rate plus the Applicable Margin for Chase Bank Rate Loans, on the average of the net balances owing by each of the Companies to the Agent and/or the Lenders in their Revolving Loan Accounts at the close of each day during such month. In the event of any change in said Chase Bank Rate, the rate hereunder for Chase Bank Rate Loans shall change, as of the date of such change, so as to remain an amount equal to the Applicable Margin for Chase Bank Rate Loans above the Chase Bank Rate. The rate hereunder for Chase Bank Rate Loans shall be calculated based on a 360-day year. The Agent shall be entitled to charge each of the Companies Revolving Loan Account at the rate provided for herein when due until all Obligations have been paid in full.
Interest Fees and Expenses. 7.1. All Outstandings under the Credit Facilities consisting of Advances shall bear interest and any overdue interest shall in turn bear interest at the hereafter described rates, calculated and payable as hereinafter set forth (the "INTEREST").
7.2. All Interest shall be payable by Borrower to Lender in arrears on the last Business Day of each month, calculated on the average daily Outstandings resulting from Advances under the Revolving Loan and the Non-Revolving Loan (as the case may be) at the rates hereafter set forth, commencing with the first payment of Interest by Borrower to Lender on the last Business Day of the month during which the initial Advance occurs hereunder. Interest on overdue Interest will be calculated on the same basis but will be compounded monthly and payable upon demand. All Interest shall be payable both before as well as after any demand for payment, any Default or any judgment.
7.3. The rates of Interest on all Outstandings consisting of Advances under:
7.3.1. the Revolving Loan (other than any Authorized Overadvance) shall be:
(a) for Dollars, a rate equal to the Revolving Loan Rate for Dollars; and,
(b) for US Dollars, a rate equal to the Revolving Loan Rate for US Dollars;
7.3.2. any Authorized Overadvance shall be:
(a) for Dollars, a rate equal to the Authorized Overadvance Rate for Dollars: and,
(b) for US Dollars, a rate equal to the Authorized Overadvance Rate for US Dollars; and
7.3.3. any Non-Revolving Loan(s) shall be:
(a) for Dollars, a rate equal to the Non-Revolving Loan Rate for Dollars: and,
(b) for US Dollars, a rate equal to the Non-Revolving Loan Rate for US Dollars, based upon the weighted average of Prime Rate during each month for which the foregoing rates of Interest are calculated.
7.4. In the event that, from time to time hereunder, Lender makes loans or re-makes loans to Borrower under the Revolving Loan and/or the Non-Revolving Loan by Lender's accepting or arranging for the acceptance of Bankers' Acceptances, then:
7.4.1. any such Bankers' Acceptances so accepted shall be in multiples of CDN$100,000.00 or US$100,000.00 (as the case may be) and shall be for terms equal to multiples of 30 days and not to exceed 180 days;
7.4.2. upon acceptance of any Bankers' Acceptance, the face value of each such accepted Bankers' Acceptance shall be deemed, for all purposes to constitute Outstandings under the Revolving Loan or the Non-Revolving Loan (as the case may be), repayable by Borrower to Lender in accordanc...
Interest Fees and Expenses. The Pre-Petition First Lien Agent, pursuant to this Order, shall receive from the Debtors, effective upon the occurrence of the Effective Date, (i) current cash payments of all fees and expenses payable to the Pre-Petition First Lien Agent under the First Lien Existing Agreements, including, but not limited to, the reasonable fees and disbursements of counsel promptly upon receipt of invoices therefor and (ii) in accordance with the terms of the First Lien Existing Agreements, all accrued but unpaid interest and fees on any outstanding Pre-Petition First Lien Debt and letters of credit and other fees at the non-default contract rate applicable on the Petition Date (including LIBOR pricing options available in accordance with the First Lien Existing Agreements) under the First Lien Existing Agreements; provided that the Issuing Banks of any letters of credit that are not Assumed Pre-Petition First Lien Obligations shall be entitled to the “Letter of Credit Fees” as set forth in Section 2.04(b)(i) of the Pre-Petition First Lien Credit Agreement at the Applicable Margin for Eurodollar Rate Advances plus Default Interest (each term as defined the Pre-Petition First Lien Credit Agreement); provided further that, without prejudice to the rights of any other party to contest such assertion, the Pre-Petition First Lien Secured Lenders reserve their rights to assert claims for the payment of any other amounts provided for in the First Lien Existing Agreements (subject to the payoff letter dated January 20, 2012 for the First Lien Existing Agreements).