Common use of Interest Rate Adjustment Clause in Contracts

Interest Rate Adjustment. The Interest Rate shall be subject to adjustment on the last business day of each month hereafter until the Maturity Date (each a "Determination Date"). If on any Determination Date (i) the Borrower shall have registered under the Securities Act of 1933, as amended (the "SECURITIES ACT"), the shares of Common Stock underlying each of the conversion of this Note and the exercise of the Warrant issued on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) consecutive trading days immediately preceding such Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be reduced by 200 basis points (200 b.p.) (2.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. If on any Determination Date (i) the Borrower shall not have registered under the Securities Act the shares of Common Stock underlying the conversion of this Note and the exercise of the Warrant on a registration statement declared effective by the SEC or the Borrower shall have registered such shares under the Securities Act but on such Determination Date the related registration statement is not effective, and (ii) the Market Price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the five (5) consecutive trading days immediately preceding such Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be decreased by 100 basis points (100 b.p.) (1.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Interest Rate be less than zero percent (0%).

Appears in 2 contracts

Samples: Conversion Services International Inc, Centurion Gold Holdings Inc

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Interest Rate Adjustment. The Interest Rate shall be subject to adjustment calculated on the last business day of each month hereafter until the Maturity Date (each a "Determination Date")) and shall be subject to adjustment as set forth herein. If on any Determination Date (i) the Borrower shall have registered under the Securities Act of 1933, as amended (the "SECURITIES ACT"), the shares of Common Stock the Borrower's common stock underlying each of the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Holder on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be reduced by 200 basis points (200 b.p.) (2.0.%2.0%) per annum for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. If on any Determination Date (i) the Borrower shall not have registered under the Securities Act the shares of Common Stock the Borrower's common stock underlying the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Holder on a registration statement declared effective by the SEC or the Borrower shall have registered such shares under the Securities Act but on such Determination Date the related registration statement is not and which remains effective, and (ii) the Market Price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market principal market for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be decreased by 100 basis points (100 b.p.) (1.0.%1.0%) per annum for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Interest Rate be less than zero percent (0%).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc)

Interest Rate Adjustment. The Interest Rate shall be subject to adjustment calculated on the last business day of each month hereafter until the Maturity Date (each a "Determination Date")”) and shall be subject to adjustment as set forth herein. If on any Determination Date (i) the Borrower shall have registered under the Securities Act of 1933, as amended (the "SECURITIES ACT"), the shares of Common Stock the Borrower’s common stock underlying each of the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Holder on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be reduced by 200 basis points (200 b.p.) (2.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. If on any Determination Date (i) the Borrower shall not have registered under the Securities Act the shares of Common Stock the Borrower’s common stock underlying the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Holder on a registration statement declared effective by the SEC or the Borrower shall have registered such shares under the Securities Act but on such Determination Date the related registration statement is not and which remains effective, and (ii) the Market Price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market principal market for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be decreased by 100 basis points (100 b.p.) (1.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Interest Rate be less than zero percent (0%).

Appears in 2 contracts

Samples: Pacific Biometrics Inc, Powercold Corp

Interest Rate Adjustment. The Interest Rate shall be subject to adjustment calculated on the last business day of each month hereafter until the Maturity Date (each a "Determination Date")”) and be subject to adjustment. If on any Determination Date (i) the Borrower shall have registered under the Securities Act of 1933, as amended (the "SECURITIES ACT"), the shares of Common Stock Borrower’s Ordinary Shares underlying each of the conversion of this the Note and that certain warrant issued to the exercise of Holder (the Warrant issued “Warrant”) on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market average closing price (the "Market Price") of the Common Stock Ordinary Shares as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the any five (5) consecutive trading days during the fifteen (15) days immediately preceding such a Determination Date Date, exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%)Price, then the Interest Rate for the succeeding calendar month shall automatically be reduced by 200 basis points (200 b.p.) (2.0.%2.0%) for each incremental twenty five percent (25%) increase in the Market Price market price of the Common Stock Ordinary Shares above the then applicable Fixed Conversion Price. If on any Determination Date (i) the Borrower shall not have registered under the Securities Act the shares of Common Stock Borrower’s Ordinary Shares underlying the conversion of this the Note and the exercise of the Warrant on a registration statement declared effective by the SEC or the Borrower shall have registered such shares under the Securities Act but on such Determination Date the related registration statement is not effectiveSEC, and (ii) the Market Price average closing price of the Common Stock Ordinary Shares as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the any five (5) consecutive trading days during the fifteen (15) days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%)Price, then the Interest Rate for the succeeding calendar month shall automatically be decreased reduced by 100 basis points (100 b.p.) (1.0.%1.0%) for each incremental twenty five percent (25%) increase in the Market Price market price of the Common Stock Ordinary Shares above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Interest Rate be less than zero percent (0%).

Appears in 2 contracts

Samples: Bos Better Online Solutions LTD, Bos Better Online Solutions LTD

Interest Rate Adjustment. The Interest Rate shall be subject to adjustment calculated on the last business day of each month hereafter until the Maturity Date (each a "Determination Date")”) and shall be subject to adjustment as set forth herein. If on any Determination Date (i) the Borrower shall have registered under the Securities Act of 1933, as amended (the "SECURITIES ACT"), the shares of Common Stock the Borrower’s common stock underlying each of the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Holder on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be reduced by 200 basis points (200 b.p.) (2.0.%2.0%) per annum for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. If on any Determination Date (i) the Borrower shall not have registered under the Securities Act the shares of Common Stock the Borrower’s common stock underlying the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Holder on a registration statement declared effective by the SEC or the Borrower shall have registered such shares under the Securities Act but on such Determination Date the related registration statement is not and which remains effective, and (ii) the Market Price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market principal market for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be decreased by 100 basis points (100 b.p.) (1.0.%1.0%) per annum for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Interest Rate be less than zero percent (0%).

Appears in 2 contracts

Samples: Subordination Agreement (Bio Key International Inc), Bio Key International Inc

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Interest Rate Adjustment. The Interest Rate shall be subject to adjustment calculated on the last business day of each month hereafter until the Maturity Date (each a "Determination Date")”) and shall be subject to adjustment as set forth herein. If on any Determination Date (i) the Borrower shall have registered under the Securities Act of 1933, as amended (the "SECURITIES ACT"), the shares of Common Stock the Borrower’s common stock underlying each of the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Laurus on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be reduced by 200 basis points (200 b.p.) (2.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. If on any Determination Date (i) the Borrower shall not have registered under the Securities Act the shares of Common Stock the Borrower’s common stock underlying the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Laurus on a registration statement declared effective by the SEC or the Borrower shall have registered such shares under the Securities Act but on such Determination Date the related registration statement is not and which remains effective, and (ii) the Market Price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market principal market for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be decreased by 100 basis points (100 b.p.) (1.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Interest Rate be less than zero percent (0%).

Appears in 2 contracts

Samples: Dynamic Health Products Inc, Dynamic Health Products Inc

Interest Rate Adjustment. The Interest Rate shall be subject to adjustment on the last business day of each month hereafter until the Maturity Date (each a "Determination Date"). If on any Determination Date (i) the Borrower shall have registered under the Securities Act of 1933, as amended (the "SECURITIES ACT"), the shares of Common Stock underlying each of the conversion of this Note and the exercise of the Warrant issued on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) consecutive trading days immediately preceding such Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be reduced by 200 100 basis points (200 100 b.p.) (2.0.%1.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. If on any Determination Date (i) the Borrower shall not have registered under the Securities Act the shares of Common Stock underlying the conversion of this Note and the exercise of the Warrant on a registration statement declared effective by the SEC or the Borrower shall have registered such shares under the Securities Act but on such Determination Date the related registration statement is not effective, and (ii) the Market Price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the five (5) consecutive trading days immediately preceding such Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be decreased by 100 basis points (100 b.p.) (1.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), in no event shall the Interest Rate be less than zero percent (0%).

Appears in 1 contract

Samples: Catalyst Lighting Group Inc

Interest Rate Adjustment. The Interest Rate shall be subject to adjustment calculated on the last business day of each month hereafter until the Maturity Date (each a "Determination Date")”) and shall be subject to adjustment as set forth herein. If on any Determination Date (i) the Borrower shall have registered under the Securities Act of 1933, as amended (the "SECURITIES ACT"), the shares of Common Stock the Borrower’s common stock underlying each of the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Holder on a registration statement declared effective by the Securities and Exchange Commission (the "SEC"), and (ii) the market price (the "Market Price") of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined below) for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be reduced by 200 basis points (200 b.p.) (2.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. If on any Determination Date (i) the Borrower shall not have registered under the Securities Act the shares of Common Stock the Borrower’s common stock underlying the conversion of this the Note and the exercise of the Warrant that certain warrant issued to Holder on a registration statement declared effective by the SEC or the Borrower shall have registered such shares under the Securities Act but on such Determination Date the related registration statement is not and which remains effective, and (ii) the Market Price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market principal market for the five (5) consecutive trading days immediately preceding such a Determination Date exceeds the then applicable Fixed Conversion Price by at least twenty five percent (25%), the Interest Rate for the succeeding calendar month shall automatically be decreased by 100 basis points (100 b.p.) (1.0.%) for each incremental twenty five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained in herein), if the Market Price of the Common Stock for the five (5) trading days immediately preceding the start of any such month is below the then Fixed Conversion Price, the Interest Rate for any such month will be reset to the “prime rate” published in The Wall Street Journal from time to time plus two and one-half percent (2.5%) and in no event shall the Interest Rate be less than zero percent (0%).

Appears in 1 contract

Samples: Certified Services Inc

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