Common use of Interest Rates and Interest Payment Dates Clause in Contracts

Interest Rates and Interest Payment Dates. (a) Except as set forth in clause (b) below or in Section 2.9 or 2.11, each Loan shall bear interest on the unpaid principal amount thereof, for the period from (and including) the day such Loan is made to, but excluding, the day such Loan is paid at a rate per annum equal to the LIBO Rate determined for the Interest Period then in effect, plus the Applicable Margin. Accrued (and theretofore unpaid) interest on each Loan shall be payable (i) in arrears on each Interest Payment Date, (ii) on the date of any prepayment (on the amount prepaid) and (iii) at maturity (whether at stated maturity, by acceleration or otherwise) and, after such maturity, on demand. (b) During the continuance of any Event of Default, (i) all principal of any Loan shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the rate that is 2% in excess of the interest rate then applicable to the Loan, and at any time following the termination of the Interest Period then in effect such rate shall be equal to 2% plus the Base Rate plus 1.50% determined from time to time and (ii) to the extent permitted by Applicable Law, any overdue interest or other amounts owing hereunder shall bear interest, payable on demand, for each day until paid at a rate per annum equal to 2% plus the Base Rate plus 1.50% determined from time to time. Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) All computations of interest for Loans determined by reference to the Base Rate shall be made on the basis of a year of 365 days or 366 days, as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed. (d) Each determination by the Lender of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error. The Lender shall, at the request of the Borrower, deliver to the Borrower a statement showing the quotations used by the Lender in determining the LIBO Rate or the Base Rate, as applicable.

Appears in 3 contracts

Samples: Credit Agreement (Arcos Dorados Holdings Inc.), Credit Agreement (Arcos Dorados Holdings Inc.), Credit Agreement (Arcos Dorados Holdings Inc.)

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Interest Rates and Interest Payment Dates. (a) Except as set forth in clause (b) below or in Section 2.9 or 2.11, each Each Eurodollar Loan shall bear interest on the unpaid principal amount thereof, for the period from (and including) the each day such Loan is made to, but excluding, the day such Loan is paid during each Interest Period with respect thereto at a rate per annum equal to the LIBO Eurodollar Rate determined for the Interest Period then in effect, such day plus the Applicable Margin. Accrued Margin in effect for such day. (and theretofore unpaidb) interest on each Each Base Rate Loan shall be payable bear interest for each day on which it is outstanding at a rate per annum equal to the Base Rate in effect for such day plus the Applicable Margin in effect for such day. (i) in arrears on each Interest Payment Date, (ii) on If all or a portion of the date principal amount of any prepayment (on the amount prepaid) and (iii) at maturity Loan or Reimbursement Obligation shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), all outstanding Loans and Reimbursement Obligations (whether or not overdue) and(to the extent legally permitted) shall bear interest at a rate per annum that is equal to (x) in the case of the Loans, after such the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2% or (y) in the case of Reimbursement Obligations, the rate applicable to Base Rate Loans plus 2%, and (ii) if all or a portion of any interest payable on any Loan or Reimbursement Obligation or any commitment fee or other amount payable hereunder shall not be paid when due (whether at the stated maturity, on demand. (b) During the continuance of any Event of Defaultby acceleration or otherwise), (i) all principal of any Loan such overdue amount shall bear interest, payable on demand, for each day until paid interest at a rate per annum equal to the rate that is 2% in excess of the interest rate then applicable to the Loan, and at any time following the termination of the Interest Period then in effect such rate shall be equal to 2% plus the Base Rate Loans plus 1.50% determined from time 2%, in each case, with respect to time clauses (i) and (ii) to above, from the extent permitted by Applicable Law, any overdue interest or other amounts owing hereunder shall bear interest, payable on demand, for each day date of such non-payment until such amount is paid at a rate per annum equal to 2% plus the Base Rate plus 1.50% determined from time to time. Accrued and unpaid interest on past due amounts in full (including interest on past due interest) shall be due and payable upon demand. (c) All computations of interest for Loans determined by reference to the Base Rate shall be made on the basis of a year of 365 days or 366 days, after as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsedwell as before judgment). (d) Each Interest shall be payable in arrears on each Interest Payment Date, provided that, interest accruing pursuant to paragraph (c) of this Section shall be payable from time to time on demand. (e) Notwithstanding anything in the foregoing to the contrary, in no event shall the interest rate payable by the Borrower hereunder for any Type of Loan on any date of determination exceed the effective rate of interest paid by the Lender of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error. The Lender shall, at the request of the Borrower, deliver pursuant to the Borrower a statement showing the quotations used by the Lender in determining the LIBO Rate or the Base Rate, as applicableASOT Credit Agreement for such Type of Loan.

Appears in 2 contracts

Samples: Credit Agreement (Archstone), Credit Agreement (Archstone)

Interest Rates and Interest Payment Dates. (a) Except as set forth in clause (b) below or in Section 2.9 or 2.11, each Each Loan shall bear interest on the unpaid principal amount thereof, for the period from (and including) the day such Loan is made to, but excluding, the day such Loan is paid at a rate per annum equal to the LIBO Rate determined for the Interest Period then in effect, plus the Applicable Margin. Accrued (and theretofore unpaid) interest on each Loan shall be payable (i) in arrears on each Interest Payment Date, (ii) on the date of any prepayment (on the amount prepaid) and (iii) at maturity (whether at stated maturity, by acceleration or otherwise) and, after such maturity, on demand. (b) During the continuance of any Event of Default, (i) all principal of any Loan shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the rate that is 2% in excess of the interest rate then applicable to the Loan, and at any time following the termination of the Interest Period then in effect such rate shall be equal to 2% plus the Base Rate plus 1.50% determined from time to time and (ii) to the extent permitted by Applicable Law, any overdue interest or other amounts owing hereunder shall bear interest, payable on demand, for each day until paid at a rate per annum equal to 2% plus the Base Rate plus 1.50% determined from time to time. Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) All computations of interest for Loans determined by reference to the Base Rate shall be made on the basis of a year of 365 days or 366 days, as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed. (d) Each determination by the Lender of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error. The Lender shall, at the request of the Borrower, deliver to the Borrower a statement showing the quotations used by the Lender in determining the LIBO Rate or the Base Rate, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Arcos Dorados Holdings Inc.)

Interest Rates and Interest Payment Dates. (a) Except as set forth in clause (b‎(b) below or in Section ‎Section 2.9 or 2.11‎2.11, each Loan shall bear interest on the unpaid principal amount thereof, for the period from (and including) the day such Loan is made to, but excluding, the day such Loan is paid at a rate per annum equal to the LIBO Rate determined for the Interest Period then in effect, plus the Applicable Margin. Accrued (and theretofore unpaid) interest on each Loan shall be payable (i) in arrears on each Interest Payment Date, (ii) on the date of any prepayment (on the amount prepaid) and (iii) at maturity (whether at stated maturity, by acceleration or otherwise) and, after such maturity, on demand. (b) During the continuance of any Event of Default, (i) all principal of any Loan shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the rate that is 2% in excess of the interest rate then applicable to the Loan, and at any time following the termination of the Interest Period then in effect such rate shall be equal to 2% plus the Base Rate plus 1.50% determined from time to time and (ii) to the extent permitted by Applicable Law, any overdue interest or other amounts owing hereunder shall bear interest, payable on demand, for each day until paid at a rate per annum equal to 2% plus the Base Rate plus 1.50% determined from time to time. Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) All computations of interest for Loans determined by reference to the Base Rate shall be made on the basis of a year of 365 days or 366 days, as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed. (d) Each determination by the Lender of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error. The Lender shall, at the request of the Borrower, deliver to the Borrower a statement showing the quotations used by the Lender in determining the LIBO Rate or the Base Rate, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Arcos Dorados Holdings Inc.)

Interest Rates and Interest Payment Dates. (a) Except as set forth in Subject to the provisions of clause (bc) below or in Section 2.9 or 2.11, below: (i) each SOFR Loan shall bear interest on the unpaid outstanding principal amount thereof, thereof for each Interest Period for Dollar Loans at a rate per annum equal to Adjusted Term SOFR for such Interest Period plus the period from Applicable Margin then in effect; and (and includingii) each Peso Loan shall bear interest on the day such Loan is made to, but excluding, the day such Loan is paid outstanding principal amount thereof for each Interest Period for Peso Loans at a rate per annum equal to the LIBO TAB Rate determined for the such Interest Period plus the Applicable Margin then in effect, plus the Applicable Margin. . (b) Accrued (and theretofore unpaid) interest on each Loan shall be payable (ix) in arrears on each Interest Payment Date, (iiy) on the date of any prepayment (on the amount prepaid) ), and (iiiz) at the maturity (whether at stated maturity, by acceleration or otherwise) and, after such maturity, on demand. (bc) During Notwithstanding anything set forth in this Section 2.6, upon the occurrence and during the continuance of any Event of Default, Default of the type specified in Section 8.1(a) (i) all any overdue principal or interest of (x) any Dollar Loan shall shall, to the fullest extent permitted by Applicable Law, bear interest, payable on demand, for each day until paid interest at a rate of 2% per annum equal to the rate that is 2% in excess of the interest rate then otherwise applicable to the such Dollar Loan, and at (y) any time following the termination of the Interest Period then in effect such rate shall be equal to 2% plus the Base Rate plus 1.50% determined from time to time and (ii) Peso Loan shall, to the fullest extent permitted by Applicable Law, bear interest at the maximum conventional interest rate for non- adjustable transactions (interés máximo convencional para operaciones no reajustables, as such term is defined in Law No. 18,010 of Chile), applicable as of the date of occurrence of the relevant Event of Default, in excess of the interest rate otherwise applicable to such Peso Loan; and (ii) any overdue amount payable hereunder (other than principal or interest or other amounts owing hereunder of the Loans) shall bear interest, payable on demand, for each day until paid interest at a rate of 2% per annum equal to 2% plus over the Base Rate plus 1.50% determined from time to timeABR. Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (cd) All computations interest hereunder shall be computed on the basis of a year of 360 days (or in the case of interest for Loans determined computed by reference to the Base Rate ABR at times when the ABR is based on the Prime Rate, such interest shall be made computed on the basis of a year of 365 days (or 366 days, as the case may bedays in a leap year)), and in each case shall be payable for the actual number of days elapsedelapsed (including the first day but excluding the last day). All other computations of fees and interest hereunder on any Loan shall be made computed on a daily basis based upon the basis outstanding principal amount of a 360-day year such Loan as of the applicable date of determination. The Administrative Agent shall determine the applicable ABR, the Adjusted Term SOFR and actual days elapsedthe TAB Rate. (de) Each determination by the Lender Administrative Agent, or the Lenders, as applicable, of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error. (f) In connection with the use or administration of Adjusted Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document. The Lender shall, at Administrative Agent will promptly notify the request Borrower and the Lenders of the Borrower, deliver to effectiveness of any Conforming Changes in connection with the Borrower a statement showing the quotations used by the Lender in determining the LIBO Rate use or the Base Rate, as applicableadministration of Adjusted Term SOFR.

Appears in 1 contract

Samples: Credit and Guaranty Agreement

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Interest Rates and Interest Payment Dates. (a) Except as set forth in clause (b) below or in Section 2.9 or 2.11, each Each Eurodollar Loan shall bear interest on the unpaid principal amount thereof, for the period from (and including) the each day such Loan is made to, but excluding, the day such Loan is paid during each Interest Period with respect thereto at a rate per annum equal to the LIBO Eurodollar Rate determined for the Interest Period then in effect, such day plus the Applicable Margin. Accrued Margin in effect for such day. (and theretofore unpaidb) interest on each Each Base Rate Loan shall be payable bear interest for each day on which it is outstanding at a rate per annum equal to the Base Rate in effect for such day plus the Applicable Margin in effect for such day. (c) (i) in arrears on each Interest Payment Date, (ii) on If all or a portion of the date principal amount of any prepayment (on the amount prepaid) and (iii) at maturity Loan or Reimbursement Obligation shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), all outstanding Loans and Reimbursement Obligations (whether or not overdue) and(to the extent legally permitted) shall bear interest at a rate per annum that is equal to (x) in the case of the Loans, after such the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2% or (y) in the case of Reimbursement Obligations, the rate applicable to Base Rate Loans plus 2%, and (ii) if all or a portion of any interest payable on any Loan or Reimbursement Obligation or any commitment fee or other amount payable hereunder shall not be paid when due (whether at the stated maturity, on demand. (b) During the continuance of any Event of Defaultby acceleration or otherwise), (i) all principal of any Loan such overdue amount shall bear interest, payable on demand, for each day until paid interest at a rate per annum equal to the rate that is 2% in excess of the interest rate then applicable to the Loan, and at any time following the termination of the Interest Period then in effect such rate shall be equal to 2% plus the Base Rate Loans plus 1.50% determined from time 2%, in each case, with respect to time clauses (i) and (ii) to above, from the extent permitted by Applicable Law, any overdue interest or other amounts owing hereunder shall bear interest, payable on demand, for each day date of such non-payment until such amount is paid at a rate per annum equal to 2% plus the Base Rate plus 1.50% determined from time to time. Accrued and unpaid interest on past due amounts in full (including interest on past due interest) shall be due and payable upon demand. (c) All computations of interest for Loans determined by reference to the Base Rate shall be made on the basis of a year of 365 days or 366 days, after as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsedwell as before judgment). (d) Each Interest shall be payable in arrears on each Interest Payment Date, provided that, interest accruing pursuant to paragraph (c) of this Section shall be payable from time to time on demand. (e) Notwithstanding anything in the foregoing to the contrary, in no event shall the interest rate payable by the Borrower hereunder for any Type of Loan on any date of determination exceed the effective rate of interest paid by the Lender of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error. The Lender shall, at the request of the Borrower, deliver pursuant to the Borrower a statement showing the quotations used by the Lender in determining the LIBO Rate or the Base Rate, as applicableASOT Credit Agreement for such Type of Loan.

Appears in 1 contract

Samples: Credit Agreement (Archstone)

Interest Rates and Interest Payment Dates. (a) Except as set forth in clause (b) below or in Section 2.9 or 2.11, each Each Eurodollar Loan shall bear interest on the unpaid principal amount thereof, for the period from (and including) the each day such Loan is made to, but excluding, the day such Loan is paid during each Interest Period with respect thereto at a rate per annum equal to the LIBO Eurodollar Rate determined for the Interest Period then in effect, such day plus the Applicable Margin. Accrued Margin in effect for such day. (and theretofore unpaidb) interest on each Each Base Rate Loan shall be payable bear interest for each day on which it is outstanding at a rate per annum equal to the Base Rate in effect for such day plus the Applicable Margin in effect for such day. (i) in arrears on each Interest Payment Date, (ii) on If all or a portion of the date principal amount of any prepayment (on the amount prepaid) and (iii) at maturity Loan or Reimbursement Obligation shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), all outstanding Loans and Reimbursement Obligations (whether or not overdue) and(to the extent legally permitted) shall bear interest at a rate per annum that is equal to (x) in the case of the Loans, after such the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2% or (y) in the case of Reimbursement Obligations, the rate applicable to Base Rate Loans under the Revolving Credit Facility plus 2%, and (ii) if all or a portion of any interest payable on any Loan or Reimbursement Obligation or any commitment fee or other amount payable hereunder shall not be paid when due (whether at the stated maturity, on demand. (b) During the continuance of any Event of Defaultby acceleration or otherwise), (i) all principal of any Loan such overdue amount shall bear interest, payable on demand, for each day until paid interest at a rate per annum equal to the rate that is then applicable to Base Rate Loans under the relevant Facility plus 2% (or, in excess the case of any such other amounts that do not relate to a particular Facility, the interest rate then applicable to the Loan, and at any time following the termination of the Interest Period then in effect such rate shall be equal to 2% plus the Base Rate Loans under the Revolving Credit Facility plus 1.50% determined from time 2%), in each case, with respect to time clauses (i) and (ii) to above, from the extent permitted by Applicable Law, any overdue interest or other amounts owing hereunder shall bear interest, payable on demand, for each day date of such non-payment until such amount is paid at a rate per annum equal to 2% plus the Base Rate plus 1.50% determined from time to time. Accrued and unpaid interest on past due amounts in full (including interest on past due interest) shall be due and payable upon demand. (c) All computations of interest for Loans determined by reference to the Base Rate shall be made on the basis of a year of 365 days or 366 days, after as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsedwell as before judgment). (d) Each determination by the Lender of an interest rate or fee hereunder Interest shall be conclusive and binding for all purposespayable in arrears on each Interest Payment Date, absent manifest error. The Lender shall, at the request provided that interest accruing pursuant to paragraph (c) of the Borrower, deliver this Section shall be payable from time to the Borrower a statement showing the quotations used by the Lender in determining the LIBO Rate or the Base Rate, as applicabletime on demand.

Appears in 1 contract

Samples: Credit Agreement (Archstone Smith Operating Trust)

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