Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows: (a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be equal to the rate of nine and one half percent (9.5%) per annum. (b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum. (2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received. (3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on the Maturity Date), Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Strategic Realty Trust, Inc.)
Interest Rate; Late Charge. (1) The outstanding Borrower hereby promises to pay to the Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be Base Rate Loans and/or LIBOR-based Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the Interest Rate. The Interest Rate shall be computed as followsfollowing rates per annum:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is an Base Rate Loan, the Interest Base Rate shall be equal to plus the rate of nine and one half percent (9.5%) per annum.Applicable Margin; and
(b) Lender shall adjust during such periods as such Loan is a LIBOR-based Loan, for each Interest Period relating thereto, the Adjusted Libor Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (i) monthly in arrears on each Interest Adjustment Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof or the Conversion of such Loan to a Loan of another Type (but only on the principal amount so paid, prepaid or Converted), except that interest payable at the Default Rate shall be equal payable from time to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding time on demand.
(3) Notwithstanding anything to the contrary contained in this Agreementherein, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on after the Maturity Date)Date and during any period when an Event of Default exists, Borrower shall pay to the Administrative Agent for the account of each Lender interest at the applicable Default Rate on the outstanding principal amount of any Loan made by such Lender, any interest payments (except a late charge payment of any Additional Interest which shall be governed by the terms of the Hedge Agreement) thereon not paid when due and on any other amount payable by Borrower hereunder, under the Notes and any other Loan Documents.
(4) Promptly after the determination of any interest rate provided for herein or any change therein, the Administrative Agent shall give notice thereof to the Lenders to which such past-interest is payable and to Borrower, but the failure of the Administrative Agent to provide such notice shall not affect Borrower’s obligation for the payment of interest on the Loans.
(5) In addition to any sums due amountunder this Section 2.3, as liquidated damages and not as Borrower shall pay to the Administrative Agent for the account of the Lenders a penalty, equal to late payment premium in the amount of five percent (5%) of such amountany payments of interest, but not in excess principal or other sums under the Loans made more than five (5) days after the due date thereof (excluding payment of principal due on the Maturity Date or upon acceleration of the maximum amount of interest allowed by applicable law. The foregoing Notes), which late charge is intended to compensate Lender for the expenses incident to handling payment premium shall be due with any such delinquent late payment and for or upon demand by the losses incurred by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of the default arising from Administrative Agent and the overdue installment, and shall not prevent Lender from exercising Lenders to collect any other amounts provided herein or in the other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents.
(6) Borrower shall bear interest at pay Additional Interest under the Default RateNotes in accordance with the terms of the Hedge Agreement.
Appears in 2 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (Maguire Properties Inc)
Interest Rate; Late Charge. (1) The During each Interest Period, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at a rate of interest (the Interest "Contract Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date"), the Interest Rate shall be equal to the rate sum of nine four and one half three-tenths percent (9.54.30%) per annum.
annum plus the greater of (b1) Lender shall adjust the Interest Libor Rate in accordance with this Section 2.2(1)(b) effective on each effect for such Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this AgreementPeriod, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
or (2) the Libor Floor Rate. Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during (or, for the First Interest Period shall be computed on the number of days elapsed initial advance, from the Closing Date through and including the last day date of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"such advance). Principal and other amortization payments, if any, payments shall be applied to the outstanding principal Loan balance as and when actually received.
(3) . If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on the Maturity Date)due, Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 2 contracts
Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.), Loan Agreement (Cornerstone Core Properties REIT, Inc.)
Interest Rate; Late Charge. (1) The outstanding Borrower hereby promises to pay to Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be Base Rate Loans and/or LIBOR-based Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the Interest Rate. The Interest Rate shall be computed as followsfollowing rates per annum:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is a Base Rate Loan, the Interest Base Rate shall be equal to plus the rate of nine and one half percent (9.5%) per annum.Applicable Margin; and
(b) Lender shall adjust during such periods as such Loan is a LIBOR-based Loan, for each Interest Period relating thereto, the Adjusted LIBOR Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (i) monthly in arrears on each Interest Adjustment Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof or the Conversion of such Loan to a Loan of another Type (but only on the principal amount so paid, prepaid or Converted), except that interest payable at the Default Rate shall be equal payable from time to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding time on demand.
(3) Notwithstanding anything to the contrary contained in this herein, after the Maturity Date and during any period when an Event of Default exists, Borrower shall pay to Administrative Agent for the account of each Lender interest at the applicable Default Rate on the outstanding principal amount of any Loan made by such Lender, any interest payments (except a late payment of any Additional Interest which shall be governed by the terms of the Hedge Agreement) thereon not paid when due and on any other amount payable by Borrower hereunder, under the Interest Rate shall in no event be less than nine Notes and one half percent (9.5%) per annumany other Loan Documents.
(24) Interest owing Promptly after the determination of any interest rate provided for each month herein or any change therein, Administrative Agent shall be computed give notice thereof to the Lenders to which such interest is payable and to Lead Borrower, but the failure of Administrative Agent to provide such notice shall not affect Borrower’s obligation for the payment of interest on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually receivedLoans.
(35) If In addition to any sums due under this Section 2.3, Borrower fails shall pay to pay Administrative Agent for the account of the Lenders a late payment premium in the amount of five percent (5.0%) of (i) any installment payments of principal under the Loans made and payable after the due date thereof, and (ii) any payments of interest or principal within other sums under the Loans made more than five (5) days of (and including) after the due date on thereof, which the same is late payment premium shall be due (other than the principal payment due on the Maturity Date), Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling with any such delinquent late payment and for the losses incurred or upon demand by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of Administrative Agent and the default arising from Lenders to collect any other amounts provided herein or in the overdue installment, and shall not prevent Lender from exercising other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents.
(6) Borrower shall bear interest at pay Additional Interest under the Default RateNotes in accordance with the terms of any Hedge Agreement provided by a Eurohypo Counterparty.
Appears in 2 contracts
Samples: Term Loan Agreement (Acadia Realty Trust), Term Loan Agreement (Acadia Realty Trust)
Interest Rate; Late Charge. (1) The outstanding Borrower hereby promises to pay to Administrative Agent for account of each Lender interest on the unpaid principal balance amount of each Loan made by such Lender for the period from and including the date of such Loan (including any amounts added to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the Interest Rate. The Interest Rate shall be computed as followsfollowing rates per annum:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is a Base Rate Loan, the Interest Rate shall be equal to the rate of nine and one half percent (9.5%) per annum.Base Rate; and
(b) Lender shall adjust during such periods as such Loan is a LIBOR-based Loan, for each Interest Period relating thereto, the Adjusted Libor Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (i) monthly in arrears on each Interest Adjustment Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof or the Conversion of such Loan to a Loan of another Type (but only on the principal amount so paid, prepaid or Converted), except that interest payable at the Default Rate shall be equal payable from time to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding time on demand.
(3) Notwithstanding anything to the contrary contained in this Agreementherein, after the Interest Maturity Date and during any period when an Event of Default exists, Borrower shall pay to Administrative Agent for the account of each Lender (i) interest at the applicable Default Rate shall in no event be less than nine on the outstanding principal amount of any Loan made by such Lender, (ii) any interest payments thereon not paid when due and one half percent (9.5%iii) per annuminterest on any other amount payable by Borrower hereunder, under the Notes and any other Loan Documents.
(24) Interest owing Promptly after the determination of any interest rate provided for each month herein or any change therein, Administrative Agent shall be computed give notice thereof to the Lenders to which such interest is payable and to Lead Borrower, but the failure of Administrative Agent to provide such notice shall not affect Borrower’s obligation for the payment of interest on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually receivedLoans.
(35) If In addition to any sums due under this Section 2.3, Borrower fails shall pay to pay Administrative Agent for the account of the Lenders a late payment premium in the amount of five percent (5)% of any installment payments of interest or principal within other sums under the Loans made more than five (5) days of (and including) after the due date on which the same is due thereof (other than the principal payment balance due on the Maturity Date), Borrower which late payment premium shall pay to Lender a late charge on such past-be due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling with any such delinquent late payment and for the losses incurred or upon demand by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of Administrative Agent and the default arising from Lenders to collect any other amounts provided herein or in the overdue installment, and shall not prevent Lender from exercising other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents.
(6) Borrower shall bear interest at pay Additional Interest under the Default RateNotes in accordance with the terms of any Hedge Agreement provided by a Eurohypo Counterparty.
Appears in 2 contracts
Samples: Acquisition and Project Loan Agreement (Acadia Realty Trust), Acquisition and Project Loan Agreement (Acadia Realty Trust)
Interest Rate; Late Charge. (1) The outstanding Borrower hereby promises to pay to Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be Base Rate Loans and/or LIBOR Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the following rates per annum (the “Applicable Interest Rate. The Interest Rate shall be computed as follows:”):
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is a Base Rate Loan, the Interest Base Rate shall be equal to plus the rate of nine and one half percent (9.5%) per annum.Applicable Margin; and
(b) Lender shall adjust during such periods as such Loan is a LIBOR Loan, for each Interest Period relating thereto, the LIBOR Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (i) monthly in arrears on each Interest Adjustment Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof (but only on the principal amount so paid or prepaid), except that interest payable at the Default Rate shall be equal payable from time to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding time on demand.
(3) Notwithstanding anything to the contrary contained in this Agreementherein, after the Interest Maturity Date and during any period when an Event of Default exists, Borrower shall pay to Administrative Agent for the account of each Lender interest at the applicable Default Rate shall in no event be less than nine on the outstanding principal amount of any Loan made by such Lender, any interest payments thereon not paid when due and one half percent (9.5%) per annumon any other amount payable by Borrower hereunder, under the Notes and any other Loan Documents.
(24) Interest owing Promptly after the determination of any interest rate provided for each month herein or any change therein, Administrative Agent shall be computed give notice thereof to the Lenders to which such interest is payable and to Borrower, but the failure of Administrative Agent to provide such notice shall not affect Borrower’s obligation for the payment of interest on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually receivedLoans.
(35) If In addition to any sums due under this Section 2.3, Borrower fails shall pay to pay Administrative Agent for the account of the Lenders a late payment premium in the amount of two percent (2%) of (i) any installment payments of principal under the Loans made more than two days after the due date thereof, and (ii) any payments of interest or principal within other sums under the Loans made more than five (5) days of (after the due date thereof, which late payment premium shall be due and including) the date on which the same is due (other than the principal payment due on the Maturity Date), Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling payable with any such delinquent late payment and for the losses incurred or upon demand by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of Administrative Agent and the default arising from Lenders to collect any other amounts provided herein or in the overdue installment, and shall not prevent Lender from exercising other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) . Notwithstanding anything contained herein to the contrary, with respect to any sums on which the Lenders are entitled to receive Default Interest, Lenders shall bear interest at the Default Ratenot be entitled to receive a late payment premium on such sums.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding Borrowers hereby promise to pay to Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be Base Rate Loans and/or LIBOR Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the following rates per annum (the “Applicable Interest Rate. The ”):
a. during such periods as such Loan is a Base Rate Loan, the Base Rate plus the Applicable Margin; and
b. during such periods as such Loan is a LIBOR Loan, for each Interest Period relating thereto, the LIBOR Rate for such Loan for such Interest Period plus the Applicable Margin.
(2) Accrued interest on each Loan shall be payable (i) monthly in arrears on each Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof (but only on the principal amount so paid or prepaid), except that interest payable at the Default Rate shall be computed as follows:
(a) From the Closing Date payable from time to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be equal to the rate of nine and one half percent (9.5%) per annumtime on demand.
(b3) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding Notwithstanding anything to the contrary contained in this Agreementherein, after the Interest Maturity Date and during any period when an Event of Default exists, at the discretion of Administrative Agent or at the direction of the Required Lenders, Borrowers shall pay to Administrative Agent for the account of each Lender interest at the applicable Default Rate shall in no event be less than nine on the outstanding principal amount of any Loan made by such Lender, any interest payments thereon not paid when due and one half percent (9.5%) per annumon any other amount payable by Borrowers hereunder, under the Notes and any other Loan Documents.
(24) Interest owing Promptly after the determination of any interest rate provided for each month herein or any change therein, Administrative Agent shall be computed give notice thereof to the Lenders to which such interest is payable and to Borrowers, but the failure of Administrative Agent to provide such notice shall not affect Borrowers’ obligation for the payment of interest on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually receivedLoans.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days In addition to any sums due under this Section 2.3, Borrowers shall pay to Administrative Agent for the account of the Lenders a late payment premium in the amount of two percent (2%) of (and includingi) any payments of principal under the Loans made more than two days after the due date on which the same is due thereof (other than the repayment of the principal payment due amount of the Loans on the Maturity Date), Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to (ii) any payments of interest or other sums under the Loans made more than five percent (5%) of such amountdays after the due date thereof, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing which late charge is intended to compensate Lender for the expenses incident to handling payment premium shall be due and payable with any such delinquent late payment and for the losses incurred or upon demand by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of Borrowers and the costs and losses Lender will incur Lenders of a fair average compensation for the loss that may be sustained by reason the Lenders due to the failure of late paymentBorrowers to make timely payments. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of Administrative Agent and the default arising from Lenders to collect any other amounts provided herein or in the overdue installment, and shall not prevent Lender from exercising other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) . Notwithstanding anything contained herein to the contrary, with respect to any sums on which the Lenders are entitled to receive Default Interest, Lenders shall bear interest at the Default Ratenot be entitled to receive a late payment premium on such sums.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan Initial Advance shall bear interest as follows: (including a) for the period from the date hereof through the initial Maturity Date, the outstanding principal balance of the Initial Advance shall bear interest at a rate equal to 4.45% per annum (the “Fixed Rate”) and (b) for each Interest Period which is part of any extension period pursuant to Section 2.3(3), the outstanding principal balance of the Initial Advance shall bear interest at a rate of interest equal to the sum of (x) Interest Rate Spread plus (y) the greater of (A) the Libor Rate in effect for such Interest Period or (B) the Libor Floor Rate.
(2) During each Interest Period, the outstanding principal balance of any Subsequent Advances (together with any other amounts added to principal under the Loan Documents) shall bear interest at a rate of interest, equal to the Interest Rate. The Interest Rate shall be computed as follows:
sum of (a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be equal to Spread plus (b) the rate greater of nine (x) the Libor Rate in effect for such Interest Period and one half percent (9.5%y) per annumthe Libor Floor Rate.
(b3) Lender shall adjust The rate at which interest is accruing on any portion of the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal Loan is hereinafter referred to individually as a “Contract Rate” and collectively, as the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum”Contract Rate”.
(24) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) days and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during (or, for the First Interest Period shall be computed on the number of days elapsed Initial Advance, from the Closing Date through and including the last day date of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"such advance). Principal and other amortization payments, if any, payments shall be applied to the outstanding principal Loan balance as and when actually received.
(3) . If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on the Maturity Date), Borrower shall pay to Lender a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default Event of Default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Samples: Loan Agreement (Bluerock Residential Growth REIT, Inc.)
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan shall bear interest as follows: (including any amounts added to principal under i) the Tranche A Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be a fixed per annum rate equal to the rate of nine Five and one half 01/100 percent (9.55.01%) per annum.
; and (bii) Lender shall adjust for the Interest Rate Tranche B Loan, Tranche C Loan and Tranche D Loan, at a fixed rate of interest per annum to be determined as of the Closing Date of such Loan in accordance with this Section 2.2(1)(b) effective on the terms set forth in the Term Sheet (in each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreementcase as applicable, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"“Contract Rate”). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails Borrowers fail to pay any installment of interest or principal (exclusive of the payment due on the Maturity Date) within five (5) days of (and including) after the date on which the same is due due, Borrowers shall pay to Administrative Agent, for the account of the Lenders (other than the principal payment due on the Maturity Dateany Defaulting Lender), Borrower shall pay to Lender a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five three percent (53.0%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The Administrative Agent shall pay to each Lender (other than any Defaulting Lender) its portion of the late charge based on each Lender’s Pro Rata Share of the Loan in accordance with Section 2.6. The foregoing late charge is intended to compensate Lender Lenders for the expenses incident to handling any such delinquent payment and for the losses incurred by each Lender as a result of such delinquent payment. Borrower agrees Borrowers agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses each Lender will incur by reason of late payment. Borrower Borrowers and each Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default Event of Default arising from the overdue installment, and shall not prevent any Lender from exercising any other rights or remedies available to Lendersuch Lender with respect to such Event of Default. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Healthcare Trust Inc)
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be a floating rate of interest equal to the rate of nine and one half percent (9.5%) per annum.
(b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment DateContract Rate. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal due with respect to the Loan within five (5) days of (and including) after the date on which the same is due (other than due, excluding the principal final payment due on the Maturity Date), Borrower shall pay to Lender Administrative Agent, for the account of the Lenders, a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. Administrative Agent shall pay to each Lender (other than a Defaulting Lender) its portion of the late charge based on each Lender’s Proportionate Share of the Loan in accordance with Section 2.3. The foregoing late charge is intended to compensate each Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by each Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses each Lender will incur by reason of late payment. Borrower and each Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default Event of Default arising from the overdue installment, and shall not prevent any Lender from exercising any other rights or remedies available to Lendersuch Lender with respect to such Event of Default. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Samples: Credit and Security Agreement (Ares Commercial Real Estate Corp)
Interest Rate; Late Charge. (1) The outstanding Borrower promises to pay to the Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be the Base Rate Loans and/or Eurodollar Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the Interest Rate. The Interest Rate shall be computed as followsfollowing rates per annum:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is a Base Rate Loan, the Interest Base Rate shall be equal to plus the rate of nine and one half percent (9.5%) per annum.Applicable Margin; and
(b) Lender shall adjust during such periods as such Loan is a Eurodollar Loan, for each Interest Period relating thereto, the Adjusted LIBOR Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (i) monthly in arrears on each Interest Adjustment Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof or the Conversion of such Loan to a Loan of another Type (but only on the principal amount so paid, prepaid or Converted), except that interest payable at the Default Rate shall be equal payable from time to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding time on demand.
(3) Notwithstanding anything to the contrary contained in this Agreementherein, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on after the Maturity Date)Date and during any period when an Event of Default exists, Borrower shall pay to the Administrative Agent for the account of each Lender interest at the applicable Default Rate on the outstanding principal amount of any Loan made by such Lender, any interest payments thereon not paid when due and on any other amount payable by Borrower hereunder, under the Notes and any other Loan Documents.
(4) Promptly after the determination of any interest rate provided for herein or any change therein, the Administrative Agent shall give notice thereof to the Lenders to which such interest is payable and to Borrower, but the failure of the Administrative Agent to provide such notice shall not affect Borrower’s obligation for the payment of interest on the Loans.
(5) In addition to any sums due under this Section 2.3, Borrower shall pay to the Administrative Agent for the account of the Lenders a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to payment premium in the amount of five percent (5%) of such amount, but not in excess (i) any payments of principal under the Loans made and payable after the due date thereof (other than the repayment of the maximum amount outstanding principal balance on the Maturity Date), and (ii) any payments of interest allowed by applicable law. The foregoing or other sums under the Loans made more than ten (10) days after the due date thereof, which late charge is intended to compensate Lender for the expenses incident to handling payment premium shall be due with any such delinquent late payment and for or upon demand by the losses incurred by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of the default arising from Administrative Agent and the overdue installment, and shall not prevent Lender from exercising Lenders to collect any other amounts provided herein or in the other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Datea variable rate of interest, the Interest Rate shall be adjusted monthly, equal to the rate sum of nine and one half percent (9.5%) per annum.
(b) Lender shall adjust the Interest Adjusted Libor Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal plus the Spread, subject to the Then Current Index applicable provisions of this Agreement which, in certain instances, require payment of interest at the Alternate Base Rate, such Eurodollar Loans shall Continue from one Interest Period to the next Interest Adjustment Date plus Period (the Margin per annum“Contract Rate”). For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from (including the first day of such month provided that interest owing but excluding the last day) during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in period for which the Closing Date occurred ("First Interest Period")payable. Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due (other than the principal payment due on the Maturity Date)due, Borrower shall pay to Lender Administrative Agent (on behalf of the Lenders) a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to the greater of (a) interest at the Default Rate on such amount from the date when due until paid, or (b) five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender Lenders for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender Lenders as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender Lenders will incur by reason of late payment. Borrower and Lender Lenders further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent any Lender from exercising any other rights or remedies available to such Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate; provided, that during the continuance of an Event of Default Administrative Agent may suspend the right of Borrower to Continue any Loan as a Eurodollar Loan, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into Alternate Base Rate Loans and, thereafter, the Default Rate shall be computed using the Alternate Base Rate.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be a floating rate of interest equal to the rate of nine two and one half 95/100 percent (9.52.95%) per annum.
(b) Lender shall adjust the Interest Rate annum in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day excess of the calendar month immediately following Libor Rate (the month in which the Closing Date occurred ("First Interest Period"“Contract Rate”). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due (other than excluding the principal final payment due on the Maturity Date), Borrower shall pay to Lender Administrative Agent, for the account of the Lenders, a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. Administrative Agent shall pay to each Lender its portion of the late charge based on each Lender’s Pro Rata Share of the Loan in accordance with Section 2.6. The foregoing late charge is intended to compensate each Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by each Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses each Lender will incur by reason of late payment. Borrower and each Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default Event of Default arising from the overdue installment, and shall not prevent any Lender from exercising any other rights or remedies available to Lendersuch Lender with respect to such Event of Default. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be a floating rate of interest equal to the rate of nine and one half Libor Rate plus two percent (9.52%) per annum.
annum (bthe “Applicable Margin”), as the same may be modified as expressly provided in Section 2.9(c) Lender shall adjust (the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"“Contract Rate”). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails Borrowers fail to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due (other than excluding the principal payment final installment due on the Maturity Date), Borrower Borrowers shall pay to Administrative Agent, for the account of Lenders (other than any Defaulting Lender but subject to Section 2.19(c)), a late charge on such past-past due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. Administrative Agent shall pay to each Lender (other than any Defaulting Lender but subject to Section 2.19(c)) its portion of the late charge based on each Lender’s Pro Rata Share of the Loan in accordance with Section 2.6. The foregoing late charge is intended to compensate each Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by each Lender as a result of such delinquent payment. Borrower agrees Borrowers agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses each Lender will incur by reason of late payment. Borrower Borrowers and each Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default Event of Default arising from the overdue installment, installment and shall not prevent any Lender from exercising any other rights or remedies available to Lendersuch Lender with respect to such Event of Default. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Interest Rate; Late Charge. (1a) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be equal to the rate of nine six and twenty-one half one hundredths percent (9.56.21%) per annum.
(b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed for the calendar month immediately preceding the applicable Payment Date or the Maturity Date on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is thirty (30) (except for any partial month, in which case the numerator shall be the actual number of days which have then elapsed from during the first period in question). Each determination by Lender of the amount of interest due and payable on each Payment Date shall be conclusive and binding for all purposes, absent manifest error.
(c) If Lender does not receive any installment of Debt Service or Impounds (if any Impounds are required) by 2:00 p.m. (Hartford, Connecticut time) on the fifth (5th) calendar day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any such installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than excluding the principal payment full amount of the Obligations due on the Maturity Date, for which no late charge or grace period shall apply), Borrower shall pay to Lender Lender, within the Demand Period, a one-time late charge on such past-due amountoverdue amount (for the additional expense, time and effort in collecting and handling such overdue payment, as liquidated damages and not as a penalty, ) equal to the lesser of (i) the maximum amount permitted by applicable law, and (ii) five percent (5%) of such delinquent amount. Any such late charge shall be in addition to, but and not in excess of lieu of, interest at the maximum amount of interest allowed by applicable law. The foregoing late charge is intended Default Rate and any other rights, powers and remedies available to compensate Lender for the and shall be in addition to any attorneys’ fees and expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of in connection with such delinquent overdue payment. Borrower agrees that, considering all During the existence of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default existsDefault, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Samples: Fixed Rate Term Loan Agreement (Mission West Properties Inc)
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be a rate of interest equal to the rate sum of nine and the Adjusted Libor Rate plus the Spread, subject to the provisions of this Agreement which, in certain instances, require payment of interest at the Alternate Base Rate, such Eurodollar Loans shall Continue from one half percent Interest Period to the next Interest Period (9.5%) per annum.
(b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date"CONTRACT RATE"). The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal parties acknowledge that the Spread is subject to adjustment both upwards and downwards based upon whether or not the Spread Reduction Requirements are then met, and that there is no limit to the Then Current Index applicable number of times that the Spread may be increased or decreased hereunder due to the Spread Reduction Requirements being or not being met hereunder. Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from (including the first day of such month provided that interest owing but excluding the last day) during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in period for which the Closing Date occurred ("First Interest Period")payable. Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due (other than the principal payment due on the Maturity Date)due, Borrower shall pay to Lender Administrative Agent (on behalf of the Lenders) a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to the greater of (a) interest at the Default Rate on such amount from the date when due until paid, or (b) five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate; provided, that during the continuance of an Event of Default Administrative Agent may suspend the right of Borrower to Continue any Loan as a Eurodollar Loan, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into Alternate Base Rate Loans and, thereafter, the Default Rate shall be computed using the Alternate Base Rate.
Appears in 1 contract
Interest Rate; Late Charge. (1a) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be equal to the rate of nine five and one half five one-hundredths percent (9.55.05%) per annum.
(b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed for the calendar month immediately preceding the applicable Payment Date or the Maturity Date on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is thirty (30) (except for any partial month, in which case the numerator shall be the actual number of days which have then elapsed from during the first period in question). Each determination by Lender of the amount of interest due and payable on each Payment Date shall be conclusive and binding for all purposes, absent manifest error.
(c) If Lender does not receive any installment of Debt Service or Impounds (if any Impounds are required) by 2:00 p.m. (Hartford, Connecticut time) on the fifth (5th) calendar day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any such installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than excluding the principal payment full amount of the Obligations due on the Maturity Date, for which no late charge or grace period shall apply), Borrower shall pay to Lender Lender, within the Demand Period, a one-time late charge on such past-due amountoverdue amount (for the additional expense, time and effort in collecting and handling such overdue payment, as liquidated damages and not as a penalty, ) equal to the lesser of (i) the maximum amount permitted by applicable law, and (ii) five percent (5%) of such delinquent amount. Any such late charge shall be in addition to, but and not in excess of lieu of, interest at the maximum amount of interest allowed by applicable law. The foregoing late charge is intended Default Rate and any other rights, powers and remedies available to compensate Lender for the and shall be in addition to any reasonable attorneys' fees and expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result in connection with such overdue payment.
(d) During the existence of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default existsDefault, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall automatically bear interest at the Default Rate.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding Borrower promises to pay to the Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be the Base Rate Loans and/or Eurodollar Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the Interest Rate. The Interest Rate shall be computed as followsfollowing rates per annum:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is a Base Rate Loan, the Interest Base Rate shall be equal to plus the rate of nine and one half percent (9.5%) per annum.Applicable Margin; and
(b) Lender shall adjust during such periods as such Loan is a Eurodollar Loan, for each Interest Period relating thereto, the Adjusted LIBOR Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (a) monthly in arrears on each Interest Adjustment Payment Date and (b) in the case of any Loan, upon the payment or prepayment thereof or the Conversion of such Loan to a Loan of another Type (but only on the principal amount so paid, prepaid or Converted), except that interest payable at the Default Rate shall be equal payable from time to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding time on demand.
(3) Notwithstanding anything to the contrary contained in this Agreementherein, after the Interest Maturity Date and during any period when an Event of Default exists, Borrower shall pay to the Administrative Agent for the account of each Lender interest at the applicable Default Rate shall in no event be less than nine on the outstanding principal amount of any Loan made by such Lender, any interest payments thereon not paid when due and one half percent (9.5%) per annumon any other amount payable by Borrower hereunder, under the Notes and any other Loan Documents.
(24) Interest owing Promptly after the determination of any interest rate provided for each month herein or any change therein, the Administrative Agent shall be computed give notice thereof to the Lenders to which such interest is payable and to Borrower, but the failure of the Administrative Agent to provide such notice shall not affect Borrower’s obligation for the payment of interest on the basis of a fractionLoans.
(5) In addition to any sums due under this Section 2.3, Borrower shall pay to the denominator of which is three hundred sixty (360) and Administrative Agent for the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day account of the calendar month immediately following Lenders a late payment premium in the month in which amount of four percent (4%) of (a) any payments of principal under the Closing Date occurred Loans made and payable after the due date thereof ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to than the repayment of the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on the Maturity Date), Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%b) of such amount, but not in excess of the maximum amount any payments of interest allowed by applicable law. The foregoing or other sums under the Loans made more than ten (10) days after the due date thereof, which late charge is intended to compensate Lender for the expenses incident to handling payment premium shall be due with any such delinquent late payment and for or upon demand by the losses incurred by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of the default arising from Administrative Agent and the overdue installment, and shall not prevent Lender from exercising Lenders to collect any other amounts provided herein or in the other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Interest Rate; Late Charge. (1) The During each Interest Period, the outstanding principal balance of the Loan Loans (including any amounts added to principal under the Loan Documents) shall bear interest at a rate of interest (the Interest “Contract Rate. The Interest Rate shall be computed as follows:
(a”) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be equal to the rate greater of nine (1) four and one half 15/100 percent (9.54.15%) per annum in excess of the Libor Rate in effect for such Interest Period, or (2) four and 65/100 percent (4.65%) per annum.
(b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during (or, for the First Interest Period shall be computed on the number of days elapsed initial advance, from the Closing Date through and including the last day date of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"such advance). Principal and other amortization payments, if any, payments shall be applied to the outstanding principal Loan balance as and when actually received.
(3) . If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due (other than the principal payment due on the Maturity Date)due, Borrower shall pay to Lender a late charge on such past-due past‑due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees and Lender agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) Loans shall bear interest at the Default Rate.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan (arising from the Initial Advance, including any amounts added to the entire outstanding principal under the Loan Documents) balance of Note 1, shall bear interest at the Interest Fixed Rate. The Interest , and the Fixed Rate shall be computed effective as follows:
of November 1, 1995, and the outstanding principal balance of the Loan arising from Subsequent Advances shall bear interest at the Floating Rate; provided, however, that so long as no Event of Default exists, Borrower may on a one-time basis at any time on or before the expiration of the third Loan Year, December 31, 1998, and on at least five (a5) From Business Days prior written notice to Lender make an election, specifying the Closing Date Business Day, not less than five (5) Business Days after the notice, on which the election is to be effective, to have all or any portion of the first Interest Adjustment Date following existing principal balance of the Closing DateLoan (other than as arising from the Initial Advance) bear interest at a rate of interest equal to 2.65% per annum in excess of the closing price (yield to maturity) of the most recently issued U.S. Treasury security having a maturity of December 31, 2002 (or a date as closely corresponding to that date as is possible), as quoted in the Wall Street Journal on the Business Day on which the election becomes effective. If the Wall Street Journal (i) quotes more than one such U.S. Treasury security, the Interest Rate higher or highest of such quotes shall apply, (ii) publishes a retraction or correction of any such quote, the quote in the retraction or correction shall apply, or (iii) ceases to publish such quotes, the U.S. Treasury security shall be equal to the rate of nine and one half percent (9.5%) per annum.
(b) determined from such financial reporting service or source as Lender shall adjust determine. Lender shall endeavor to communicate the applicable Fixed Rate to Borrower as soon as possible after the Fixed Rate Election. Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day date of the calendar month immediately following Initial Advance or the month in which date of the Closing Date occurred ("First Interest Period"). Principal and other amortization paymentspreceding interest installment due date, if anyas the case may be, shall be applied to the outstanding principal balance as and when actually received.
(3) date of the next interest installment due date or the Maturity Date. If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due (other than the principal payment due on the Maturity Date)due, Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.shall
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be equal to the rate of nine and one half ten percent (9.510%) per annum.
(b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half ten percent (9.510%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on the Maturity Date), Borrower shall pay to Lender a late charge on such past-due past‑due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender as a result of such delinquent payment. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender from exercising any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract
Interest Rate; Late Charge. During each Interest Period, subject to the provisions of this Agreement (1) The including without limitation Section 2.7(2)), the outstanding principal balance of the Loan Loans (including any amounts added to principal under the Loan Documents), including Interim Loan Advances, shall (with respect to each Lender and each Note) shall bear interest at a rate of interest (the Interest “Contract Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date ”), equal to the first Interest Adjustment Date following the Closing Date, sum of (1) the Interest Rate shall be equal to the rate of nine and one half percent (9.5%) per annum.
(b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal to the Then Current Index applicable to the Interest Adjustment Date Spread for such Note plus the Margin per annum. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) the Adjusted Libor Rate in effect for such Interest Period. Subject to the provisions of this Agreement (including without limitation Section 2.7(2)), Eurodollar Loans shall Continue as Eurodollar Loans from one Interest Period to the next Interest Period. Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during (or, for the First Interest Period shall be computed on the number of days elapsed Initial Advance, from the Closing Date through and including the last day date of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"such advance). Principal and other amortization payments, if any, payments shall be applied to the outstanding principal balance of the Loans as and when actually received.
(3) . If Borrower fails Borrowers fail to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on the Maturity Date), Borrower Borrowers shall pay to Lender Administrative Agent (on behalf of the Lenders) a late charge on such past-due past‑due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender Administrative Agent and the Lenders for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender Administrative Agent and the Lenders as a result of such delinquent payment. Borrower agrees Borrowers, Administrative Agent and the Lenders agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender that Administrative Agent and the Lenders will incur by reason of late payment. Borrower Borrowers, Administrative Agent and Lender the Lenders further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Administrative Agent or any Lender from exercising any other rights or remedies available to Lenderthem. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) Loans shall bear interest at the Default Rate. During the continuance of an Event of Default, Administrative Agent may suspend the Continuance of any Loan as a Eurodollar Loan, in which event all Loans shall be Converted (as of the next Libor Reset Date) into Prime Rate Loans and, thereafter, the Default Rate shall be computed using the Prime-Based Rate.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding principal balance of the Loan Loans (including any amounts added to principal under the Loan Documents) shall bear interest at the Interest Rate. The Interest Rate shall be computed as follows:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Date, the Interest Rate shall be a variable rate of interest equal to the rate of nine and one half two percent (9.52.0%) per annum.
annum in excess of the Adjusted Libor Rate (b) Lender shall adjust the Interest Rate in accordance with this Section 2.2(1)(b) effective on each Interest Adjustment Date“Contract Rate”). The adjusted Interest Rate which becomes effective on each Interest Adjustment Date shall be equal Subject to the Then Current Index applicable provisions of this Agreement which, in certain instances, require payment of interest at the Alternate Base Rate, so long as no Event of Default exists, such Eurodollar Loans shall automatically Continue from one Interest Period to the next Interest Adjustment Date plus the Margin per annumPeriod. For purposes of clarification and notwithstanding anything to the contrary contained in this Agreement, the Interest Rate shall in no event be less than nine and one half percent (9.5%) per annum.
(2) Interest owing for each month shall be computed on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from (including the first day of such month provided that interest owing but excluding the last day) during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in period for which the Closing Date occurred ("First Interest Period")payable. Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) after the date on which the same is due (other than the principal payment due on the Maturity Date)applicable Payment Date , Borrower shall pay to Lender the Administrative Agent (on behalf of the Lenders) a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law, it being understood that the foregoing late charge shall not apply to the payment due on the Maturity Date. The foregoing late charge is intended to compensate Lender the Administrative Agent and the Lenders for the expenses incident to handling any such delinquent payment and for the losses incurred by Lender the Administrative Agent and the Lenders as a result of such delinquent payment. Borrower agrees Borrower, the Administrative Agent and the Lenders agree that, considering all of the circumstances existing on the date this Agreement is executed, the late charge represents a reasonable estimate of the costs and losses Lender the Administrative Agent and the Lenders will incur by reason of late payment. Borrower Borrower, the Administrative Agent and Lender the Lenders further agree that proof of actual losses would be costly, inconvenient, impracticable and extremely difficult to fix. Acceptance of the late charge shall not constitute a waiver of the default arising from the overdue installment, and shall not prevent Lender the Administrative Agent and the Lenders from exercising any other rights or remedies available to Lenderthe Administrative Agent and/or the Lenders. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) Loans shall bear interest at the Default Rate; provided, that during the continuance of an Event of Default the Administrative Agent may suspend the right of Borrower to Continue any Loan as a Eurodollar Loan, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into Alternate Base Rate Loans and, thereafter, the Default Rate shall be computed using the Alternate Base Rate.
Appears in 1 contract
Samples: Loan Agreement (Douglas Emmett Inc)
Interest Rate; Late Charge. (1) The outstanding Borrower hereby promises to pay to Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be Base Rate Loans and/or LIBOR-based Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the following rates per annum (the “Applicable Interest Rate. The Interest Rate shall be computed as follows:”):
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is a Base Rate Loan, the Interest Base Rate shall be equal to plus the rate of nine and one half percent (9.5%) per annum.Applicable Margin; and
(b) Lender shall adjust during such periods as such Loan is a LIBOR-based Loan, for each Interest Period relating thereto, the Adjusted LIBOR Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (i) monthly in arrears on each Interest Adjustment Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof (but only on the principal amount so paid or prepaid), except that interest payable at the Default Rate shall be equal payable from time to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding time on demand.
(3) Notwithstanding anything to the contrary contained in this Agreementherein, after the Interest Maturity Date and during any period when an Event of Default exists, Borrower shall pay to Administrative Agent for the account of each Lender interest at the applicable Default Rate shall in no event be less than nine on the outstanding principal amount of any Loan made by such Lender, any interest payments thereon not paid when due and one half percent (9.5%) per annumon any other amount payable by Borrower hereunder, under the Notes and any other Loan Documents.
(24) Interest owing Promptly after the determination of any interest rate provided for each month herein or any change therein, Administrative Agent shall be computed give notice thereof to the Lenders to which such interest is payable and to Borrower, but the failure of Administrative Agent to provide such notice shall not affect Borrower’s obligation for the payment of interest on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually receivedLoans.
(35) If In addition to any sums due under this Section 2.3, Borrower fails shall pay to pay Administrative Agent for the account of the Lenders a late payment premium in the amount of two percent (2%) of (i) any installment payments of principal under the Loans made and payable after the due date thereof, and (ii) any payments of interest or principal within other sums under the Loans made more than five (5) days of (and including) after the due date on thereof, which the same is late payment premium shall be due (other than the principal payment due on the Maturity Date), Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%) of such amount, but not in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling with any such delinquent late payment and for the losses incurred or upon demand by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of Administrative Agent and the default arising from Lenders to collect any other amounts provided herein or in the overdue installment, and shall not prevent Lender from exercising other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) . Notwithstanding anything contained herein to the contrary, with respect to any sums on which the Lenders are entitled to receive Default Interest, Lenders shall bear interest at the Default Ratenot be entitled to receive a late payment premium on such sums.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding Borrower hereby promises to pay to Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be Base Rate Loans and/or LIBOR-based Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the Interest Rate. The Interest Rate shall be computed as followsfollowing rates per annum:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is an Base Rate Loan, the Interest Base Rate shall be equal to plus the rate of nine and one half percent (9.5%) per annum.Applicable Margin; and
(b) Lender shall adjust during such periods as such Loan is a LIBOR-based Loan, for each Interest Period relating thereto, the Adjusted LIBOR Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (i) monthly in arrears on each Interest Adjustment Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof or the Conversion of such Loan to a Loan of another Type (but only on the principal amount so paid, prepaid or Converted), except that interest payable at the Default Rate shall be equal payable from time to time on demand as provided in this Agreement and the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding other Loan Documents.
(3) Notwithstanding anything to the contrary contained in this herein, after the Maturity Date and during any period when an Event of Default exists and is continuing, Borrower shall pay to Administrative Agent for the account of each Lender interest at the applicable Default Rate on the outstanding principal amount of any Loan made by such Lender, any interest payments (except a late payment of any Additional Interest which shall be governed by the terms of the Hedge Agreement) thereon not paid when due and on any other amount payable by Borrower hereunder, under the Interest Rate shall in no event be less than nine Notes and one half percent (9.5%) per annumany other Loan Documents.
(24) Interest owing Promptly after the determination of any interest rate provided for each month herein or any change therein, Administrative Agent shall be computed give notice thereof to the Lenders to which such interest is payable and to Borrower, but the failure of Administrative Agent to provide such notice shall not affect Borrower's obligation for the payment of interest on the basis of a fraction, the denominator of which is three hundred sixty (360) and the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day of the calendar month immediately following the month in which the Closing Date occurred ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to the outstanding principal balance as and when actually receivedLoans.
(5) In addition to any sums due under this Section 2.3, Borrower shall pay to Administrative Agent for the account of the Lenders a late payment premium in the amount of (a) three percent (3%) If Borrower fails to pay of any installment payment of interest or principal within under the Loans due on the Maturity Date that is made after the Maturity Date, and (b) five percent (5%) days of (and includingi) any payments of principal under the date on which the same is due Loans (other than the principal payment due on the Maturity Date)) made after the due date thereof, Borrower shall pay to Lender a late charge and (ii) any payments of interest or other sums under the Loans (other than the principal payment due on such past-due amount, as liquidated damages and not as a penalty, equal to the Maturity Date) made more than five percent (5%) of such amountdays after the due date thereof, but not which late payment premium, in excess of the maximum amount of interest allowed by applicable law. The foregoing late charge is intended to compensate Lender for the expenses incident to handling each case, shall be due with any such delinquent late payment and for the losses incurred or upon demand by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of Administrative Agent and the default arising from Lenders to collect any other amounts provided herein or in the overdue installment, and shall not prevent Lender from exercising other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents.
(6) Borrower shall bear interest at pay Additional Interest under the Default RateNotes in accordance with the terms of the Hedge Agreement.
Appears in 1 contract
Interest Rate; Late Charge. (1) The outstanding Borrower promises to pay to the Administrative Agent for account of each Lender interest on the unpaid principal balance amount of the each Loan (which may be the Base Rate Loans and/or Eurodollar Loans) made by such Lender for the period from and including any amounts added the date of such Loan to principal under but excluding the date such Loan Documents) shall bear interest be paid in full, at the Interest Rate. The Interest Rate shall be computed as followsfollowing rates per annum:
(a) From the Closing Date to the first Interest Adjustment Date following the Closing Dateduring such periods as such Loan is a Base Rate Loan, the Interest Base Rate shall be equal to plus the rate of nine and one half percent (9.5%) per annum.Applicable Margin; and
(b) Lender shall adjust during such periods as such Loan is a Eurodollar Loan, for each Interest Period relating thereto, the Adjusted Libor Rate for such Loan for such Interest Rate in accordance with this Section 2.2(1)(bPeriod plus the Applicable Margin.
(2) effective Accrued interest on each Interest Adjustment Date. The adjusted Interest Rate which becomes effective Loan shall be payable (i) monthly in arrears on each Interest Adjustment Payment Date and (ii) in the case of any Loan, upon the payment or prepayment thereof or the Conversion of such Loan to a Loan of another Type (but only on the principal amount so paid, prepaid or Converted), except that interest payable at the Default Rate shall be equal payable from time to the Then Current Index applicable to the Interest Adjustment Date plus the Margin per annum. For purposes of clarification and notwithstanding time on demand.
(3) Notwithstanding anything to the contrary contained in this Agreementherein, after the Interest Maturity Date and during any period when an Event of Default exists, Borrower shall pay to the Administrative Agent for the account of each Lender interest at the applicable Default Rate shall in no event be less than nine on the outstanding principal amount of any Loan made by such Lender, any interest payments thereon not paid when due and one half percent (9.5%) per annumon any other amount payable by Borrower hereunder, under the Notes and any other Loan Documents.
(24) Interest owing Promptly after the determination of any interest rate provided for each month herein or any change therein, the Administrative Agent shall be computed give notice thereof to the Lenders to which such interest is payable and to Borrower, but the failure of the Administrative Agent to provide such notice shall not affect Borrower’s obligation for the payment of interest on the basis of a fractionLoans.
(5) In addition to any sums due under this Section 2.3, Borrower shall pay to the denominator of which is three hundred sixty (360) and Administrative Agent for the numerator of which is the actual number of days elapsed from the first day of such month provided that interest owing during the First Interest Period shall be computed on the number of days elapsed from the Closing Date through and including the last day account of the calendar month immediately following Lenders a late payment premium in the month in which amount of four percent (4%) of (i) any payments of principal under the Closing Date occurred Loans made and payable after the due date thereof ("First Interest Period"). Principal and other amortization payments, if any, shall be applied to than the repayment of the outstanding principal balance as and when actually received.
(3) If Borrower fails to pay any installment of interest or principal within five (5) days of (and including) the date on which the same is due (other than the principal payment due on the Maturity Date), Borrower shall pay to Lender a late charge on such past-due amount, as liquidated damages and not as a penalty, equal to five percent (5%ii) of such amount, but not in excess of the maximum amount any payments of interest allowed by applicable law. The foregoing or other sums under the Loans made more than ten (10) days after the due date thereof, which late charge is intended to compensate Lender for the expenses incident to handling payment premium shall be due with any such delinquent late payment and for or upon demand by the losses incurred by Lender as a result of such delinquent paymentAdministrative Agent. Borrower agrees that, considering all of the circumstances existing on the date this Agreement is executed, the Such late payment charge represents a the reasonable estimate of the costs and losses Lender will incur by reason of late payment. Borrower and Lender further agree the Lenders of a fair average compensation for the loss that proof may be sustained by the Lenders due to the failure of actual losses would be costly, inconvenient, impracticable and extremely difficult Borrower to fixmake timely payments. Acceptance of the Such late charge shall not constitute a waiver be paid without prejudice to the right of the default arising from Administrative Agent and the overdue installment, and shall not prevent Lender from exercising Lenders to collect any other amounts provided herein or in the other Loan Documents to be paid or to exercise any other rights or remedies available to Lender. While any Event of Default exists, the outstanding principal balance of the Loan (including any amounts added to principal under the Loan Documents) shall bear interest at the Default Rate.
Appears in 1 contract