Interest for late payment. If any Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 5.3 on its due date for payment under this Agreement) the relevant Borrower shall pay interest on such sum from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 5.3. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three months as selected by the Agent (after consultation with the Banks so far as reasonably practicable in the circumstances) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) one per cent per annum, (b) the applicable Margin, (c) (in the case of amounts in Sterling) the Additional Cost and (d) LIBOR, unless such unpaid sum is an amount of principal which shall have become due and payable, by reason of a declaration by the Agent under clause 13.2(b) or a prepayment pursuant to clauses 6.3 or 15.1, prior to the Maturity Date relating thereto, in which case the first such period selected by the Agent shall end on such Maturity Date and interest shall be payable on such unpaid sum during such period at a rate one per cent above the rate applicable thereto immediately before it shall have become so due and payable. Interest under this clause 5.3 shall be due and payable on the last day of each period determined by the Agent pursuant to this clause 5.3 or, if earlier, on the date on which the sum in respect of which such interest is accruing shall actually be paid. If, for the reasons specified in clause 5.6(a)(i) or 5.6(a)(ii), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 5.3, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be one per cent per annum above the aggregate of the Margin and the cost of funds (including, in the case of amounts in Sterling, Additional Cost) to such Bank.
Appears in 3 contracts
Samples: Supplemental Agreement (United Pan Europe Communications Nv), Supplemental Agreement (United Pan Europe Communications Nv), Supplemental Agreement (United International Holdings Inc)
Interest for late payment. If any Borrower Obligor fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 5.3 6.3) on its due date for payment under this Agreement) the relevant Borrower Agreement such Obligor shall pay interest on such sum from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 5.36.3. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three months as selected by the Agent (after consultation with the Banks so far as reasonably practicable in the circumstances) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) one per cent cent. per annum, (b) the applicable Margin, (c) the Additional Cost (if any) and (d) EURIBOR (in the case of amounts in Sterlingeuros) or LIBOR (in the Additional Cost and (d) LIBORcase of amounts in currencies other than euros), unless such unpaid sum is an amount of principal which shall have become due and payable, by reason of a declaration by the Agent under clause 13.2(b) 14.2.2 or a prepayment pursuant to clauses 6.3 clause 7.8 or 15.116.1, prior to the Maturity Date end of the Term relating thereto, in which case the first such period selected by the Agent shall end on the last day of such Maturity Date Term and interest shall be payable on such unpaid sum during such period at a rate one per cent cent. above the rate applicable thereto immediately before it shall have become so due and payable. Interest under this clause 5.3 6.3 shall be due and payable on the last day of each period determined by the Agent pursuant to this clause 5.3 6.3 or, if earlier, on the date on which the sum in respect of which such interest is accruing shall actually be paid. If, for the reasons specified in clause 5.6(a)(i6.6.1(a) or 5.6(a)(ii6.6.1(b), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 5.36.3, each Bank and/or the Working Capital Bank (as the case may be) shall promptly notify the Agent of the cost of funds to such Bank or the Working Capital Bank (as the case may be) and interest on any sum not paid on its due date for payment shall be calculated for each Bank and/or the Working Capital Bank (as the case may be) at a rate determined by the Agent to be one per cent cent. per annum above the aggregate of the Margin and the cost of funds (including, in the case of amounts in Sterling, including any Additional Cost) to such BankBank or the Working Capital Bank (as the case may be).
Appears in 2 contracts
Samples: Agreement (Global Telesystems Inc), Agreement (Global Telesystems Europe B V)
Interest for late payment. If any Borrower Obligor fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 5.3 6.3) on its due date for payment under this Agreement) the relevant Borrower Agreement such Obligor shall pay interest on such sum from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 5.36.3. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three months as selected by the Agent (after consultation with the Banks so far as reasonably practicable in the circumstances) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) one per cent cent. per annum, (b) the applicable Margin, (c) (in the case of amounts in Sterling) the Additional Cost (if any) and (d) LIBOREURIBOR, unless such unpaid sum is an amount of principal which shall have become due and payable, by reason of a declaration by the Agent under clause 13.2(b) 14.2.2 or a prepayment pursuant to clauses 6.3 clause 7.8 or 15.116.1, prior to the Maturity Date end of the Term or Interest Period relating thereto, in which case the first such period selected by the Agent shall end on the last day of such Maturity Date Term or Interest Period and interest shall be payable on such unpaid sum during such period at a rate one per cent cent. above the rate applicable thereto immediately before it shall have become so due and payable. Interest under this clause 5.3 6.3 shall be due and payable on the last day of each period determined by the Agent pursuant to this clause 5.3 6.3 or, if earlier, on the date on which the sum in respect of which such interest is accruing shall actually be paid. If, for the reasons specified in clause 5.6(a)(i6.6.1(a) or 5.6(a)(ii6.6.1(b), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 5.36.3, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be one per cent cent. per annum above the aggregate of the Margin and the cost of funds (including, in the case of amounts in Sterling, including any Additional Cost) to such Bank.
Appears in 1 contract
Interest for late payment. If any Borrower fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 5.3 5.6) on its due date for payment under this Agreement) Agreement and/or any Telekabel Note the relevant Borrower shall pay interest on such sum from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 5.35.6. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three months as selected by the Agent (after consultation with the Banks so far as reasonably practicable in the circumstances) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) one 1.5 per cent per annum, (b) the applicable Margin, (c) the Additional Cost and (d) EURIBOR (in the case of amounts in Sterlingeuros) or LIBOR (in the Additional Cost and (d) LIBORcase of amounts in currencies other than euros), unless such unpaid sum is an amount of principal which shall have become due and payable, by reason of a declaration by the Agent under clause 13.2(b) or a prepayment pursuant to clauses 6.3 6.5 or 15.1, prior to the Maturity Date relating theretoother than on an Interest Payment Date, in which case the first such period selected by the Agent shall end on such Maturity Interest Payment Date and interest shall be payable on such unpaid sum during such period at a rate one 1.5 per cent cent. above the rate applicable thereto immediately before it shall have become so due and payable. Interest under this clause 5.3 5.6 shall be due and payable on the last day of each period determined by the Agent pursuant to this clause 5.3 5.6 or, if earlier, on the date on which the sum in respect of which such interest is accruing shall actually be paid. If, for the reasons specified in clause 5.6(a)(i5.9(a)(i) or 5.6(a)(ii5.9(a)(ii), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 5.35.6, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be one 1.5 per cent cent. per annum above the aggregate of the applicable Margin and the cost of funds (including, in the case of amounts in Sterling, Additional Cost) to such Bank.
Appears in 1 contract
Samples: Conformed Copy (United Pan Europe Communications Nv)
Interest for late payment. If any Borrower Obligor fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 5.3 6.3) on its due date for payment under this Agreement) the relevant Borrower Agreement such Obligor shall pay interest on such sum from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 5.36.3. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three months as selected by the Agent (after consultation with the Banks so far as reasonably practicable in the circumstances) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) one per cent cent. per annum, (b) the applicable Margin, (c) the Additional Cost (if any) and (d) EURIBOR (in the case of amounts in Sterlingeuros) or XXXXXX (in case of amounts in SEK) or LIBOR (in the Additional Cost and (d) LIBORcase of amounts in currencies other than euros or SEK), unless such unpaid sum is an amount of principal which shall have become due and payable, by reason of a declaration by the Agent under clause 13.2(b14.2(b) or a prepayment pursuant to clauses 6.3 or 15.1clause 16.1, prior to the Maturity Date end of the Term relating thereto, in which case the first such period selected by the Agent shall end on the last day of such Maturity Date Term and interest shall be payable on such unpaid sum during such period at a rate one per cent cent. above the rate applicable thereto immediately before it shall have become so due and payable. Interest under this clause 5.3 6.3 shall be due and payable on the last day of each period determined by the Agent pursuant to this clause 5.3 6.3 or, if earlier, on the date on which the sum in respect of which such interest is accruing shall actually be paid. If, for the reasons specified in clause 5.6(a)(i6.6(a)(i) or 5.6(a)(ii6.6(a)(ii), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 5.36.3, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be one per cent cent. per annum above the aggregate of the Margin and the cost of funds (including, in the case of amounts in Sterling, including any Additional Cost) to such Bank.
Appears in 1 contract
Samples: Transition Agreement (Modern Times Group MTG Ab /Publ/ /Adr/)
Interest for late payment. If any Borrower Obligor fails to pay any sum (including, without limitation, any sum payable pursuant to this clause 5.3 6.3) on its due date for payment under this Agreement) the relevant Borrower Agreement such Obligor shall pay interest on such sum from the due date up to the date of actual payment (as well after as before judgment) at a rate determined by the Agent pursuant to this clause 5.36.3. The period beginning on such due date and ending on such date of payment shall be divided into successive periods of not more than three months as selected by the Agent (after consultation with the Banks so far as reasonably practicable in the circumstances) each of which (other than the first, which shall commence on such due date) shall commence on the last day of the preceding such period. The rate of interest applicable to each such period shall be the aggregate (as determined by the Agent) of (a) one per cent cent. per annum, (b) the applicable Margin, (c) the Additional Cost (if any) and (d) EURIBOR (in the case of amounts in Sterlingeuros) or XXXXXX (in the Additional Cost and case of amounts in SEK) or LIBOR (d) LIBORin the case of amounts in currencies other than euros or SEK), unless such unpaid sum is an amount of principal which shall have become due and payable, by reason of a declaration by the Agent under clause 13.2(b14.2(b) or a prepayment pursuant to clauses 6.3 or 15.1clause 16.1, prior to the Maturity Date end of the Term relating thereto, in which case the first such period selected by the Agent shall end on the last day of such Maturity Date Term and interest shall be payable on such unpaid sum during such period at a rate one per cent cent. above the rate applicable thereto immediately before it shall have become so due and payable. Interest under this clause 5.3 6.3 shall be due and payable on the last day of each period determined by the Agent pursuant to this clause 5.3 6.3 or, if earlier, on the date on which the sum in respect of which such interest is accruing shall actually be paid. If, for the reasons specified in clause 5.6(a)(i6.6(a)(i) or 5.6(a)(ii6.6(a)(ii), the Agent is unable to determine a rate in accordance with the foregoing provisions of this clause 5.36.3, each Bank shall promptly notify the Agent of the cost of funds to such Bank and interest on any sum not paid on its due date for payment shall be calculated for each Bank at a rate determined by the Agent to be one per cent cent. per annum above the aggregate of the Margin and the cost of funds (including, in the case of amounts in Sterling, including any Additional Cost) to such Bank.
Appears in 1 contract
Samples: Supplemental Agreement (Modern Times Group MTG Ab /Publ/ /Adr/)